Case Facts:
Patna High Court Cr.Misc. No.10444 of 2011 (2) dt.29-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10444 of 2011 ====================================================== 1.Ajay Kumar Verma , son of Ram Lakhan Prasad. 2. Janmjay Kumar Verma @ Janmjay kumar @ Pintu Kumar, son of Ram Lakhan Prasad 3. Ranju Kumari, wife fof Ajay Kumar Verma 4. Bharti Devi, wife of Ram Lakhan Prasad, all resident of Village-Berauta, P.S. Narhat, District- Nawada .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Durgesh Nandan, advocate. For the Opposite Party/s : Mr. C. Sen Prasad Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 29-06-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 14.2.2011 in S.Tr. No.623 of 2010/1 of 2011 by the learned Additional sessions Judge, F.T.C. No.III, Nawada by which the court below has refused to delete [STATUTE] . Learned counsel for the petitioners submits that from the First Information Report it appears that there is allegation of assault and abrasion and the doctor has examined the injury report and found that all the injuries are simple in nature. After some days the victim died and the cause of death has been mentioned as Cardio respiratory Patna High Court Cr.Misc. No.10444 of 2011 (2) dt.29-06-2012 failure due to pelvic inflammatory disease. He further submits that from the evidence on record, the case under [STATUTE] is not made out and the court below should delete those sections and reframe the charge. At this initial stage determination of question of cause of death is very difficult to be identified as there may be different reason of death due to cardio respiratory failure. These things can be seen at the time of the trial and not at this stage. Accordingly this application is dismissed with a liberty to the petitioners to raise all the points before the trial court at the appropriate state. Vinay/- (Shivaji Pandey, J)

Applicable IPC Section: 316

Statute Text:
Section 316 of the Indian Penal Code. Causing death of a quick unborn child by an act amounting to culpable homicide. Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.