Case Facts:
Patna High Court Cr.Misc. No.6043 of 2012 (3) dt.20-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6043 of 2012 ====================================================== 1. Nanhak Ram S/O Anirudh Ram .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 20-03-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the informant’s daughter is languishing in jail custody since 31.08.2011 in a case registered under [STATUTE] . According to prosecution case, the informant’s daughter was subjected to cruelty and harassment on account of non-fulfilment of dowry demand and when the informant came to the in-laws’ house of his daughter, he found his daughter missing since 25.09.2010. The contention of learned counsel for the petitioner is that as a matter of fact, the marriage of petitioner had taken place with the informant’s daughter in the year 1993 and the informant’s daughter was suffering from mental ailment and she was inhabit of leaving the house without giving any information either to the Patna High Court Cr.Misc. No.6043 of 2012 (3) dt.20-03-2012 petitioner or his other family members. It is further contended by him that the informant’s daughter herself left the house of the petitioner and up-till-now she has not returned. To fortify the aforesaid contention, he drew my attention towards Annexure-2 to this petition which is a prescription issued by one doctor, Ravishankar Singh in connection with treatment of Sunita Devi, wife of Nanhak Ram, who is petitioner before this Court. It is also contended by him that in course of investigation, witnesses stated the year of marriage which is evident from perusal of para nos.- 5, 6, etc. of the case diary. 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, Siwan in connection with Basantpur P.S. Case No. 05 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.