Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11048 of 2012 ====================================================== Chourasia Devi W/O Ramprit Ram, R/O Moh-Jakkanpur, Chandpur Bela, P.S.-Jakkanpur, Distt-Patna .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Shakil Ahmad Khan, Sr. Advocate with Mr. Sanjay Kumar Sinha, Advocate. For the Opposite Party/s : Dr. Indu Kumari Srivastava, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 30-03-2012 Heard. The prayer for anticipatory bail made on behalf of the petitioner in a criminal prosecution under [STATUTE] was rejected earlier by this Court by order dated 22.04.2010 passed in Cr. Misc. No. 10940 of 2010 with an observation that the petitioner should surrender in the court below within a period of four weeks from that date and should seek regular bail. Learned Senior counsel Mr. Shakil Ahmad Khan appearing on behalf of the petitioner has argued the matter at length and has addressed the court on merits once again. In view of the fact that the petitioner has not complied with the aforesaid order dated 22.04.2010 and has remained Patna High Court Cr.Misc. No.11048 of 2012 (2) dt.30-03-2012 2 / 2 2 absconding for almost two years, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail in connection with Complaint Case No. 1633 C of 2009, pending in the court of the learned Judicial Magistrate, 1st Class, Patna and the same stands rejected. However, if the petitioner surrenders in the court below and seeks regular bail, then the court below shall be obliged to take into consideration all the pleas, which have been raised in the present petition and shall be further obliged to take into consideration that the petitioner is a lady and is said to be bedridden for quite a long time. BTiwary/- (Birendra Prasad Verma, 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.