Case Facts:
Patna High Court Cr.Misc. No.11037 of 2012 (3) dt.02-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11037 of 2012 ====================================================== 1. Pharsani Ram S/O Suresh Ram .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 02-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the deceased is in jail custody since 19.12.2011 in a case registered under [STATUTE] . Originally, informant filed complaint case bearing Complaint Case No. 896 of 2010 which was converted into police case. It is contended by learned counsel for the petitioner that the aforesaid complaint case was filed on 09.07.2010 but when the informant realized his fault, he filed a withdrawal petition in the court of Chief Judicial Magistrate, Kaimur at Bhabua on 19.07.2010 and the learned Chief Judicial Magistrate, Kaimur at Bhabua directed the police officials not to register the case, if the same has not been registered. It is further contended by Patna High Court Cr.Misc. No.11037 of 2012 (3) dt.02-07-2012 him that in course of investigation, the supervising authority found the case true under [STATUTE] but in spite of that charge-sheet has been submitted under [STATUTE] . Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhagwanpur P.S. Case No. 88 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 304

Statute Text:
Section 304 of the Indian Penal Code. Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc. Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.