Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43696 of 2009 ====================================================== Nand Kishore Sao son of Late Gaya Sao, resident of village Indo, P.S. Bhagwanganj, District Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3 27-03-2012 Heard Shri Manoj Kumar, learned counsel for the petitioner and Shri Shyam Bihari Singh, learned Additional Public Prosecutor. The petitioner, who is F.I.R. named accused in Masaurhi (Bhagwanganj) P.S. Case No.291 of 2006 registered for the offence under Sections 304(B), 201/34 of the Indian Penal Code, has prayed for quashing of an order, which was passed long back on 11.9.2007, whereby the learned Magistrate, after perusing the supplementary charge sheet, case diary and material on record, has taken cognizance under [STATUTE] . Patna High Court Cr.Misc. No.43696 of 2009 (3) dt.27-03-2012 2 / 2 2 I have perused the impugned order. There is no defect in the same. The petition stands dismissed. N.H./- (Rakesh Kumar, 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.