Case Facts:
Patna High Court Cr.Misc. No.18360 of 2012 (2) dt.23-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18360 of 2012 ====================================================== 1. Sri Bhagwan Baitha S/O Nagina Baitha Resident Of Village- Murwan Drazi, P.S.- Ishuapur, Distt.- Saran .... .... Petitioner/s Versus 1. The State Of Bihar 2. Chandrama Baitha S/O Late Nanhu Baitha Resident Of Village- Murwann, Derazi, P.S.- Ishuapur, Distt.- Saran .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kr. Singh, Advocate For the Opposite Party/s : Mr. Pradeep Nr. Kumar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 23.8.2012 The Petitioner seeks quashing of the order dated 3.4.2012 passed by the F.T.C. 1st, Saran in Sessions Trial No.733 of 2003 arising out of Isuapur P.S. case No.44 of 2001, by which he has allowed an application [STATUTE] [STATUTE] . to the charge. It has been submitted on behalf of the Petitioner that there was no such allegation in the First Information Report nor was charge sheet submitted under the said Section and, therefore, the amendment in charge was not proper. However, considering that no prejudice would be caused to the Petitioner even if the charge is amended, I Patna High Court Cr.Misc. No.18360 of 2012 (2) dt.23-08-2012 am not inclined to interfere in the matter. The application is dismissed. Narendra/ ( Anjana Prakash, 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.