Case Facts:
Patna High Court Cr.Misc. No.29197 of 2012 (2) dt.09-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29197 of 2012 ====================================================== 1. Maya Nand Mandal S/O Late Makalu Mandal .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 09-08-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being elder brother of husband of the deceased is languishing in jail custody since 29.02.2012 in a case registered under [STATUTE] . The contention on behalf of the petitioner is that the case was registered in the year 2003 but investigation against the petitioner had been kept pending and the charge sheet was recently submitted against the petitioner. It is further contended by him that husband of the deceased faced trial and he was acquitted by the learned trial court. 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 Patna High Court Cr.Misc. No.29197 of 2012 (2) dt.09-08-2012 Judicial Magistrate, Araria in connection with Palasi P.S. Case No. 79 of 2003. 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.