IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24435 of 2008 KRISHNA SINGH, SON OF LATE BHAGWAN SINGH, RESIDENT OF VILLAGE – BRAHMPUR, P.O. AND P.S. FULWARI SHARIF, DISTT. PATNA. ------- PETITIONER. Versus 1. THE STATE OF BIHAR 2. RAM BALAK SINGH, SON OF LATE RAM SWAROOP SINGH, GRAM JAGDEV PATH, MURLIGANJ, P.S. GARDANIBAGH, DISTT. PATNA. ------ OPPOSITE PARTIES. ----------- 2. 02.05.2011 Heard the parties. The petitioner has sought quashing of the order dated19.5.2008 by which the A.D.J. 1st, Patna, has rejected an application under Section 228 Cr. P.C. in Sessions Trial No. 592 of 2006. It has been submitted that since marriage had taken place more than eight years ago, it is not a case under Section 304B of the Indian Penal Code and at best it would be a case under Section 302 of the Indian Penal Code. Since the Trial Court who in seisin of the case is the best judge as to under what Section the accused person is to be charged and no prejudice would be caused to the petitioner even if charge is framed under Section 304B of the Indian Penal Code, I am not inclined to interfere in the matter. However, the A.D.J. 1st Patna where the case is not pending is directed to consider alternatively, charging the petitioner also under Section 302 of the Indian Penal Code if it is of the view that such an offence is made out. 2 With this observation, the application is disposed off. S.Ali ( Anjana Prakash, J.)