Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3735 of 2011 ====================================================== 1. Raj Kumar Yadav @ Raj Kumar, son of late Dinesh Yadav, both are residents of Village-Gulalchak, P.S. Dulhin bazaar, District- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Sushila Devi alais Jayanti Devi, wife of late Umesh Yadav, resident of Village-Gulal Chak, P.S. Dulhin bazaar, District- Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 12-03-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 5.10.2010 passed by the learned Additional Chief Judicial Magistrate, Danapur in Dulhin Bazar P.S. Case No.45 of 2010 whereby the learned Magistrate has taken cognizance against the petitioners under [STATUTE] . Learned counsel for the petitioners submits at Bar that petitioner no.1, Bindeshwari Singh Mandal alias Bindeshwar Mandal has already died. Hence this application against him is dismissed as having become infructuous. Let name of petitioner no.1 be deleted from the array of the Patna High Court Cr.Misc. No.3735 of 2011 (2) dt.12-03-2012 2 / 2 2 petitioners. From the record it appears that the petitioner no.2 has been named in the First Information Report. I do not find any error in the impugned order. This application is dismissed. However, the petitioner will be at liberty to raise all the points before the trial court at the appropriate stage. Vinay/- (Shivaji Pandey, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.