Case Facts:
Patna High Court Cr.Misc. No.8387 of 2012 (2) dt.02-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8387 of 2012 ====================================================== 1. Balmiki Pandit S/O Late Fagu Pandit 2. Chalani Devi W/O Balmiki Pandit .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 02-03-2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners being parents-in-law of the deceased are languishing in jail custody since 10.01.2012 in a case registered under [STATUTE] and ¾ of Dowry Prohibition Act. The impugned order reflects that no apparent injury was found on the person of the deceased except it was found in course of investigation that froth and blood stained fluid were found coming from the nostril and mouth of the deceased respectively at the time of post-mortem examination. The contention of learned counsel for the petitioners is that the husband of the deceased is in jail custody and it is specific assertion of the informant in the first information report that husband of the deceased had accepted his guilt before him. Patna High Court Cr.Misc. No.8387 of 2012 (2) dt.02-03-2012 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Belhar P.S. Case No. 115 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.