Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37245 of 2011 ====================================================== 1.Sant Lal Sah, Son of Late Maheshwar Sah. 2.Jhalia Devi, Wife of Sant Lal Sah. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA) 3 03-02-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 72 dated 29/11/2011. The petitioners are apprehending their arrest in connection with a case registered for the offence punishable under [STATUTE] , are named accused in this case, instituted on basis of Complaint Case No. 3085 of 2010 being parents-in-law of the deceased daughter of the informant, who died within four years of her marriage after being blessed with a female child after suffering some sort of demand of dowry and torture etc. Submission is of false implication and institution of case for the reasons best known much after death and disposal of the dead- body, wherein, the complainant-informant himself participated and death was caused due to some illness in spite of sufficient treatment Patna High Court Cr.Misc. No.37245 of 2011 (3) dt.03-02-2012 2 / 2 2 given in absence of the petitioners in the village and there is also nothing emerging during investigation against the petitioners. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, in connection with Sakra P.S. Case No. 13 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to petitioner no. 1, namely, Sant Lal Sah to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.