Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29756 of 2012 ====================================================== Haidar Ali @ Md. Haider Ali, S/O Late Md. Sadruddin, Resident of Village- Tiyay, P.S. Karamdey, District- Sheikhpura .... .... Petitioner/s Versus 1. The State of Bihar 2. Ranjit @ Ranjit Vishwakarma, S/O Banaras Mistri, Resident Of Village- Ahiyapur Musahari, P.S.- Sarmera, District- Nalanda 3. Manoj @ Manoj Kumar, S/O Ayodhya Prasad, Resident Of Village- Ahiyapur Musahari, P.S.- Sarmera, District- Nalanda 4. Alok @ Alok Kumar, S/O Satyendra Yadav, Resident Of Village- Gohri, P.S.- Chakan, District- Lakhisarai .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S. Rizwanul Haque, Adv. For the State : Mr. Khurshid Anwar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4. 04.12.2012 Heard learned counsel for the Petitioner and the State. The Petitioner is aggrieved with the order dated 16.6.2012 passed by the Additional District Judge (Adhoc), in Criminal Revision No. 03 of 2012 by which he has affirmed the order dated 30.11.2011 passed by the Chief Judicial Magistrate, Sheikhpura, by which he has taken cognizance under [STATUTE] in Sheikhpura P.S. Case No. 171 of 2011. It has been submitted that in the facts of the case, an offence under [STATUTE] is made out. Patna High Court Cr.Misc. No.29756 of 2012 (4) dt.04-12-2012 2 / 2 2 Since the order impugned is one of cognizance and proper stage as to what offence is made out in the facts of the case is best determined at the stage of framing of charge, I am not inclined to interfere in the matter. The application is disposed off with a direction to the Trial Court to consider at that stage as to whether an offence under [STATUTE] is made out in the facts of the case. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 304A

Statute Text:
Section 304A of the Indian Penal Code. Causing death by rash or negligent act. Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.