Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35595 of 2010 ===================================================== 1. Bipin Kumar @ Kaushlendra Kumar, son of Chandra Kishore Sharma alias Brij Kishore Sharma. 2. Deepu Kumar alias Ravi Shekhar Kumar Anand, son of Chandra Kishore Sharma alias Brij Kishore Sharma. 3. Bimla Devi, wife of Chandra Kishore Sharma alias Brij Kishore Sharma. 4. Chandra Kishore Sharma alias Brij Kishroe Sharma, son of Late Charandeep Singh. All resident of village-Rampur, P.S. Makhdumpur, District- Jehanabad. .... .... Petitioners. Versus 1. The State of Bihar. 2. Sri Indradeo Sharma, son of Late Rameshwar Sharma, village + P.O. Mushi, P.S. Tekari, District-Gaya. .... .... Opposite Parties. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 8 11-12-2012 Heard. This application, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioners for quashing the order dated 30.4.2010 passed in Ghosi P.S. Case No.254 of 2009/Trial No.2982 of 2010 by the Chief Judicial Magistrate, Jehanabad, taking cognizance of the offence under [STATUTE] against the petitioners. Apparently, I find no illegality in the impugned order amounting to abuse of the process of the court. Accordingly, this application stands dismissed. However, the petitioners would be Patna High Court Cr.Misc. No.35595 of 2010 (8) dt.11-12-2012 2 / 2 2 at liberty to raise all the points, as raised herein, either at the time of framing of charge or at the appropriate stage in the trial court. P.S./- (Rajendra Kumar Mishra, 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.