Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3313 of 2012 ====================================================== Amod Sah, Son of Sri Lal Mohan Sah. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 5 22-06-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner, who is languishing in custody since, seeks bail in a case registered under [STATUTE] , is one of the named accused in this case being husband of deceased daughter of the informant, who died within two years of her marriage after suffering from torture and petty demand. Submission is of false implication and sudden death of the deceased for no apparent reason and also nothing emerges from the postmortem report. However, viscera report is kept reserved and transmitted for examination is awaited. The investigation against other accused persons including report of viscera examination is pending. Having regard to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Fast Track Court No. – 3, Madhepura, in connection with Sessions Trial No. 276 of 2011 arising out of Alamnagar P.S. Case No. 42 of 2011, subject to condition to Patna High Court Cr.Misc. No.3313 of 2012 (5) dt.22-06-2012 2 / 2 2 remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Further, the prosecution is at liberty to seek cancellation of bail of the petitioner, if viscera report is received and indicating anything otherwise against the petitioner. Praveen-II/- (Akhilesh Chandra, 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.