Case Facts:
Patna High Court Cr.Misc. No.31434 of 2012 (2) dt.10-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31434 of 2012 ====================================================== 1. Saryug Yadav Son of Late Bishun Yadav @ Bishun Dayal Yadav Resident of Village- Khorampur, P.S.- Hilsa, District- Nalanda .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate For the Opposite Party/s : Mr. R.B. Roy ‘Raman’, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 10-12-2012 The Petitioner seeks quashing of the order dated 16.6.2012 passed by the 1st Additional Sessions Judge-cum-Special Judge, Nalanda in Hilsa P.S. case No.182 of 2009 (Sessions Trial No.14 of 2010), by which he has refused to discharge the Petitioner. It has been submitted that in the facts of the case no offence punishable under the SC/ST Act is made out as also at best it would be a case under [STATUTE] . in which the police had submitted the charge sheet. Considering that no prejudice would be caused to the Petitioner even if charge under the provisions of SC/ST Act and 302 I.P.C. is framed, I am not inclined to interfere in the matter. The application is dismissed. Narendra/- (Anjana Prakash, 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.