Case Facts:
Patna High Court Cr.Misc. No.37105 of 2011 (3) dt.19-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37105 of 2011 ====================================================== Suresh Biswas son of Nand Lal Bishwas. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 3 19-01-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being the husband of the deceased is in jail custody since 10.04.2011 in a case registered under [STATUTE] . Admittedly, deceased died within a year of her marriage but according to the prosecution case itself, the death of deceased took place on 05.03.2011, whereas the informant lodged the present case on 15.03.2011. Furthermore, it is the admitted case of the prosecution that the dead body of the deceased was cremated in presence of the informant, though he stated in his fardbeyan that he was stopped by the petitioner’s family members from lodging the case on 05.03.2011. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named 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 the learned Chief Judicial Magistrate, Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 53 of 2011. Devendra/- (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.