IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.25142 OF 2009 SARLA KUMARI, WIFE OF LATE SURENDRA PRASAD SINGH, RESIDENT OF VILLAGE ADAMPUR, POLICE STATION GIRIYAK, DISTRICT NALANDA VERSUS THE STATE OF BIHAR ******* 2 11/09/2009 This application has been filed challenging the order dated 19.06.2009 by which charges have been framed against several persons including this petitioner under Sections 147, 148, 149, 353, 337, 379 and 307 of the Indian Penal Code and Section 27 of the Arms Act. The husband of the petitioner who was a teacher in a school at Nawada was facing threat by some miscreants. It is stated that he asked for police protection which was not provided to him and on the very next day, he was killed by some unknown miscreants. This led to great resentment in the township and while his dead body was being taken to his village home, the people of the town blocked the road. Thereafter, a scuffle took place between the police party and the members of the mob who were present there. The police instituted a case and submitted charge sheet against several persons. However, the petitioner was not named in the First Information Report but subsequently it appears that a newspaper reported that the petitioner was also taking part in the scuffle with one Assistant Sub-Inspector of Police. On the basis of this fact, the petitioner was also made accused in the case. 2 Learned Counsel for the petitioner submits that even according to the First Information Report the persons who had blocked the road suddenly went out of hand and began pelting stones on the police party who were trying to clear off the block. It is submitted that on the basis of the accepted facts, it cannot be said that the petitioner had any intention to do an act which would result in death. The entire episode took place due to mob frenzy and it was not directed against any particular person rather it was against the administration for not providing police protection to the deceased. It is submitted that as far as the involvement of this petitioner is concerned, even according to the allegation made out in the case diary, it appears that there was scuffle between her and one of the Assistant Sub-Inspector of Police. The submission, therefore, is that this case cannot come within the purview and definition of Section 307 of the Indian Penal Code and as such the Court below has wrongly framed charges under Section 307 of the Indian Penal Code against the petitioner. All aspects of the matter would no doubt be considered by the Trial Court once the evidence in this case is recorded. In the result, this application is dismissed. Anand ( Sheema Ali Khan, J.)