Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4808 of 2011 ====================================================== 1. Sujeet Kumar Mishra @ Babloo Kumar Mishra 2. Ajit Kumar Mishra, both sons of Braj Kishore Mishra 3. Braj Kishore Mishra, son of late Biswanath Mishra 4. Kanti Devi, Wife of Braj Kishore Mishra 5. Sangeeta Devi, wife of Sandeep Pandey 6. Muna Mishra, son of Biswanath Mishra 7. Indira Devi @ Indra Devi, wife of Muna Mishra, all resident of Village- Harpur, Bad Neehar, P.S. Shikarpur, District-West Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Mala Devi, D/O Subhash Chandra Mishra, resident of Village- Barago, P.S. Ramnagar, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Mr. Nitya Nand, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 21-03-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 24.9.2010 passed by the learned Sessions Judge, West Champraran at Bettiah in S.T. No.7 of 2010, arising out of Shikarpur P.S. Case No.120 of 2008 by which the trial court has dismissed the petition filed on behalf of the petitioners under section 227 of the Code of Criminal Procedure. Learned counsel for the petitioners submits that offence under [STATUTE] is not Patna High Court Cr.Misc. No.4808 of 2011 (2) dt.21-03-2012 2 / 2 2 made out against the petitioners. I do not find any error in the impugned order. Accordingly this application is dismissed. However, the petitioners will be at liberty to raise all the points before the trial court at the appropriate stage. 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.