Case Facts:
Patna High Court Cr.Misc. No.32057 of 2012 (4) dt.21-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32057 of 2012 ====================================================== 1. Sikandar Das S/O Udeshwar @ Ledhu Das .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 21-11-2012 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 13.03.2012 in a case registered under [STATUTE] and ¾ of Dowry Prohibition Act. According to prosecution case itself, the marriage of deceased had taken place with the petitioner in the year 2008 and after marriage she was residing at her matrimonial home. Furthermore, it is admitted case of the prosecution that this petitioner gave information about the death of deceased to informant and having got the aforesaid information, informant came at the matrimonial home of the deceased. Although, in course of investigation, informant and some witnesses stated that deceased was done to death on account of non fulfillment of Patna High Court Cr.Misc. No.32057 of 2012 (4) dt.21-11-2012 illegal dowry demand but para 52 to 57 of the case diary reveal that some witnesses stated that deceased had illicit relation with one Dilip Das and when petitioner came to know about the above stated illicit relation, he beaten the deceased as a result of which she consumed poison. 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, Banka in connection with Banka P.S. Case No. 21 of 2012. 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.