IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23694 of 2010 SURESH SAH, SON OF BISHUNDEVA SAH, RESIDENT OF VILLAGE NAYA TOLA, MOHAMMADPUR, P.S. SARAIYA, DISTT. MUZAFFARPUR. ------ PETITIONER Versus 1. THE STATE OF BIHAR 2. MUNNA KUMAR, SON OF BHAGYA NARAYAN SINGH, RESIDENT OF VILLAGE REWA, P.S. SARAIYA, DISTT. MUZAFFARPUR. ---- OPPOSITE PARTIES. ----------- 2. 04.03.2011 Heard the parties. The petitioner has sought quashing of the order dated 27.4.2010 passed by the Additional Sessions Judge, F.T.C. IVth, Muzaffarpur, in Sessions Trial No. 101 of 2008 by which he has dismissed an application under Section 228 Cr. P.C. It has been submitted that in the facts of the case an offence under Sections 304A of the Indian Penal Code is made out and not Section 302/201/34 of the Indian Penal Code and, therefore, the charge should be amended. Since there is always a provision for amending the trial subsequently if the facts of the case so warrant, I am not inclined to interfere in the matter. The application is dismissed. S.Ali ( Anjana Prakash, J.)