.IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13670 of 2010 TRIBHUWAN NATH CHAUDHARYson of Late Ramdeyal Chaudhary, Village Baligaon, P.S Rajpur, Di stt . Rohtas. Petitioner Versus 1. STATE OF BIHAR 2. Rajendra Pd. Singh Son of Late Ramadhar Singh 3. Dhanjee Singh son of Rajendra Rd. Singh. 4. Lal Babu Singh Son of Kedar Singh. 5. Sunil Kumar son of Rajendra Rd. Singh. All resident of village – Baligawn, P.S._ Rajpur P.C.- Rajan Dih, Distt- Rohtas. 2 13.12.2010 Heard the parties. The petitioner has sought quashing of the order dated 15.4.2009 passed by Judicial Magistrate Patna in complaint case NO. 172 (c) /08 by which he has taken cognizance U/S 304/34 and 379 I.P.C. even though in the facts of the case an offence U/S 302 IPC is made out. From the order impugned, I find that the same is not sustainable. In view of such the order of cognizance is set aside and the Judicial Magistrate First Class is directed to pass a fresh order on point of cognizance. With these observations the application is 2 allowed. Namita ( Anjana Prakash, J.)