Case Facts:
Patna High Court Cr.Misc. No.43446 of 2012 (2) dt.17-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43446 of 2012 ====================================================== 1. Md. Monif S/O Md. Taslim .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 17-12-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the deceased is languishing in jail custody since 02.09.2012 in a case registered under [STATUTE] . Originally, the informant filed complaint case which was converted into police case. The contention on behalf of the petitioner is that the marriage of petitioner had taken place with deceased six years ago and after marriage, deceased had given birth to three children out of the aforesaid wedlock and at the time of alleged occurrence she was pregnant but unfortunately she died in course of her treatment when some complication was developed in respect of her pregnancy. It is further contended by him that the informant after death of deceased lodged this case with ulterior motive. Patna High Court Cr.Misc. No.43446 of 2012 (2) dt.17-12-2012 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 Judicial Magistrate, Muzaffarpur in connection with Maniyari P.S. Case No. 157 of 2010. 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.