Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44009 of 2011 Ramesh Singh, S/O-Late Ganesh Singh Versus The State Of Bihar ---------------------------------- 02 16.01.2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 22.09.2011 in a case registered under [STATUTE] . Allegedly, petitioner assaulted his father with lathi as a result of which he died. The contention of learned counsel for the petitioner is that the post-mortem report shows that cause of death of the deceased could not be ascertained. It is further contended by him that, as a matter of fact, the father of the petitioner was an old person and he fell on the earth as a result of which he sustained some injuries and died but learned Sessions Judge rejected the prayer for bail of the petitioner only on the basis of observations made by the police in inquest report of the deceased. 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, Saran at Chapra in connection with Taraiya P.S. Case No. 125 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.