Case Facts:
Patna High Court Cr.Misc. No.12780 of 2012 (2) dt.12-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12780 of 2012 ====================================================== 1. Ghanshyam Saw @ Ghanshyam Sao S/O Sheopujan Sah .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 12-04-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the deceased is in jail custody since 24.12.2011 in a case registered under [STATUTE] . According to prosecution case itself, the marriage of the deceased had taken place with the petitioner in the year 2009 whereas deceased died in the year 2011 i.e. within two years of her marriage. It would appear from perusal of the first information report that informant got a telephonic message on 26.06.2011 to this effect that his daughter died in course of her treatment. Learned counsel appearing for the petitioner submits that Annexure-2, the photostat copy of inquest report of the deceased, reveals that no external injury was found on the person Patna High Court Cr.Misc. No.12780 of 2012 (2) dt.12-04-2012 of the deceased and similarly, when post-mortem on the corpus of the deceased was done, no external or internal injury was found on her person and her cause of death could not be ascertained by the doctor. Moreover, the impugned order reveals that in course of investigation, some witnesses stated that prior to the alleged occurrence, a quarrel had taken place between the petitioner and deceased and the deceased might have committed suicide by consuming 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, Rohtas at Sasaram in connection with Dehri (Dalmianagar) P.S. Case No. 336 of 2011. 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.