Case Facts:
Patna High Court Cr.Misc. No.43286 of 2011 (2) dt.20-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43286 of 2011 ====================================================== Sunil Thakur & Ors. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunjay Kumar, Adv. For the Opposite Party/s : Mr. L. K. Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 20-04-2012 Supplementary affidavit filed on behalf of the petitioner is kept on record. Learned counsel for the petitioner, informant and the State are present. In this case the petitioner is challenging the order dated 16.8.2011passed by the learned C.J.M., Aurangabad by which the Court below has taken cognizance under [STATUTE] . The grievance of the petitioner is that earlier a U.D. Case has been lodged and later on F.I.R. has been instituted for the same cause of action and both have been found true. It shows contradictory stand has been taken in the U.D. case vis- a- vis in the F.I.R. After the initiation of regular case, U.D. case will be merged with the regular case and the Court has found prima facie case against the petitioner, has taken cognizance in the case, I do Patna High Court Cr.Misc. No.43286 of 2011 (2) dt.20-04-2012 not find any error in the order. Accordingly, the petition is dismissed. Learned counsel for the petitioner submits that U.D. case is lying at Gaya whereas regular case has been instituted at Aurangabad as both the cases arising out of the one incident. Counsel for the petitioner has liberty to take appropriate steps for bringing both the cases in one Court. Ravi/- (Shivaji Pandey, 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.