Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12711 of 2012 ====================================================== Md. Jahangir son of Md. Tasalim, resident of Village-Saksohara, P.S.- Saksohara, District-Patna. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 22-05-2012 Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of State. The petitioner is accused in a case registered for the offence punishable under [STATUTE] . Learned counsel appearing on behalf of petitioner submits that the petitioner is the husband of the deceased, Hewa Khatoon, who herself put fire on her body. The petitioner tried to extinguish the fire of deceased and she was taken in hospital where her statement under Section 164 was recorded, in which she has stated that her husband is innocent and she herself put fire on her body due to anger and her husband try to extinguish the fire. The statement as recorded under Section 164 of the Code of Criminal Procedure is detailed in paragraph no. 15 of the case diary. Patna High Court Cr.Misc. No.12711 of 2012 (3) dt.22-05-2012 2/2 Learned A.P.P. appearing on behalf of State opposing the prayer for bail of the petitioner but conceded that the deceased, Hewa Khatoon, in her statement as recorded under Section 164 of the Code of Criminal Procedure, has stated about innocence of the petitioner and also participating to extinguish the fire. Considering the aforesaid facts, let the above named petitioner, be released on bail, on furnishing bail bond of Rs. 10,000 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Saksohra P.S. Case No. 16 of 2011. Safik/- (Rajendra Kumar Mishra, 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.