Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29087 of 2012 ====================================================== Prahalad Prasad @ Prahalad Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.25865 of 2012 ====================================================== Dilip Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 24-09-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that these petitioners assaulted the wife of the informant when the child of the informant, who was in the lap of the wife of the informant, got hurt as a result of which the child died. It is submitted by learned counsel for the petitioners that the petitioners are own brothers of the informant and the accusation has been levelled in the Patna High Court Cr.Misc. No.29087 of 2012 (4) dt.24-09-2012 2/2 background of land dispute when in para 18 of the case diary the I.O. has recorded the statement of the doctor, who suggested that the child died due to the illness. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Nawada in connection with Nawada Town P.S. Case No. 253 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, 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.