Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44841 of 2012 ====================================================== 1. Ajit Kumar Sinha S/O Shri Anand Mohan Prasad R/V - Babhangama, P.S. - Barbigha, Distt. - Sheikhpura .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HON’BLE MR JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 2 18-12-2012 Heard the learned counsel for the petitioner and the State. Petitioner apprehends arrest in Barbigha Police Station Case No 240 of 2009 instituted under [STATUTE] . Learned counsel for the petitioner submits that petitioner is the own first cousin of the deceased. The informant alleges that in the evening, three boys, namely, Kamlesh, Guddu and Manoj came and called her son, the deceased and took him away. When he did not return, at about 9 pm, she started searching when she heard his sound from the house of her brother- in-law (Jeth) where she found the boy in the company of the petitioner. With the boy, she returned home. Next morning, the boy started vomiting and took seriously ill. He was taken to the Primary Health Centre where he died. Upon post mortem, the report is that he died because of poisoning (celphos). It is Patna High Court Cr.Misc. No.44841 of 2012 (2) dt.18-12-2012 2 submitted that if celphos was administered to the boy in the night, he could not have survived in the night itself what to talk till noon, the next day. In the first information report itself, it is admitted that the deceased was mentally unsettled and had been under treatment at Mental Hospital, Kanke for last two years. Be that as it may, the petitioner abovenamed, in the event of his arrest or surrender, is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in Barbigha Police Station Case No 240 of 2009 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./- (Navaniti Prasad Singh)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.