Case Facts:
Patna High Court Cr.Misc. No.31363 of 2012 (2) dt.23-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31363 of 2012 ====================================================== 1. Md. Nazibur Rahman @ Dildar S/O Md. Azizul Rahman @ Laddu Resident Of Village- Turki, P.S.- Bochahan, District- Muzaffarpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 23-08-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier the prayer for bail of this petitioner was rejected by this Court vide order dated 26.09.2011 passed in Cr. Misc. No. 23593 of 2011 but the second bail petition has been filed on behalf of the petitioner. The submissions on behalf of the petitioner is that no case under Section304 B of the Indian Penal Code is made out because there is nothing on the record to show that deceased was put into cruelty and harassment soon before her death and therefore, one of the important ingredients of [STATUTE] is lacking in the present case. It is further contended by him that up till now seven prosecution witnesses have been examined in this case and except one prosecution witness, all the prosecution witnesses have already been declared Patna High Court Cr.Misc. No.31363 of 2012 (2) dt.23-08-2012 hostile and so far as the single prosecution witness, who has supported the prosecution story is concerned, she also made contradictory statements in her deposition. Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly the prayer for bail of the petitioner is again rejected. However, the Adhoc Addl. Sessions Judge, Muzaffarpur is directed to conclude the trial of the petitioner in connection with Bochachan P.S. Case No. 97 of 2010 corresponding to Sessions Trial No. 695 of 2011 as early as possible preferably within four months from the date of receipt of this order. If the trial of the petitioner is not concluded within the above stated period, the petitioner may renew his prayer for bail before the learned trial court itself. Md. Ibrarul/- (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.