Case Facts:
Patna High Court Cr.Misc. No.32033 of 2011 (3) dt.19-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32033 of 2011 ====================================================== 1. Paudhari Kuwar @ Paudhari Kuer W/O Late Jiut Gond R/O Village- Udayrampur, P.S- Chainpur, District- Kaimur (Bhabua) 2. Chhangur Gond S/O Late Jiut Gond R/O Village- Udayrampur, P.S- Chainpur, District- Kaimur (Bhabua) .... Petitioners Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 19-06-2012 Heard the learned counsel for the petitioners and the State. This is a petition for grant of regular bail for offence under [STATUTE] . The petitioner no. 2 is the husband. However, earlier by order, dated 28.09.2011, petitioner no. 1, the mother-in-law, has been granted bail and with regard to petitioner no. 2 the carbon copy of the case diary was called for. The learned counsel for the petitioners submits that the case of petitioner no. 2 is of similar footing to that of petitioner no. 1. The charge sheet has been submitted under [STATUTE] , but, the cognizance has been taken under [STATUTE] . The learned counsel for the State, however, contends that the petitioner is husband and allegation of subjecting to cruelty and causing the death by poisoning is in the house of petitioners. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner no. 2. The prayer for bail is rejected at this stage. SA/- (Gopal Prasad, 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.