IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25632 of 2007 1. SANJEEV KUMAR SINGH @ MUNNA SINGH Son of Sri Ram Naresh Singh, resident of Village-Keswe, P.S. Barauni, District - Begusarai 2. Ramesh Singh @ Ramesh Sharma S/O Ram Suhag Sharma ,resident of Village Shitalpur, P.S. Dighwara, Distt-Saran at Chhapra. ------ ------ Petitioners - V e r s u s - 1. STATE OF BIHAR 2. Ramagya Singh S/o Late Ram Khelawan Singh, resident of Village- Amraur, P.S. Mufassil, District-Begusarai. ----------- 3 23-10-2008 Heard Mr. Ajay Kumar Thakur, the learned counsel for the petitioners as well as Mr.Jharkhandi Upadhaya, the learned A.P.P. for the State. The grievance of the petitioners is against the order dated 2.5.2007 passed in Sessions Trial no.354 of 2004 by the learned Presiding Judge, F.T.C.no.5, Begusarai , whereby he has rejected the petition of the petitioners filed under Section 228 Cr.P.C. From perusal of the impugned order dated 2.5.2007, it appears that the learned court on perusal of the case diary and the case records found sufficient materials for framing of charge under Section 304/287 I.P.C against the accused persons and, therefore, dismissed the petition filed under Section 228 Cr.P.C. From perusal of the impugned order, it appears that the learned court has not got his bearings correct. Admittedly, Section 304 I.P.C. consists of two parts, namely, Part-I culpable homicide not amounting to murder if the act by which the death is caused is done with the intention of causing death or of causing such bodily injury - 2 - as is likely to cause death and secondly, Part-II when 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. That apart Section 304 I.P.C. has two other Sections, namely, Sections 304 A and 304 B. Therefore, while rejecting the petition of the petitioners filed under Section 228 Cr.P.C. it was incumbent upon the court below to have pointed out as to under which of the aforesaid four distinct provisions of Section 304 I.P.C. he had found a prima facie case to have been made out against the petitioners , so as to proceed against them. Since the same has not been done, the impugned order dated 2.5.2007 is hereby quashed and the matter is remitted back to the Presiding Officer, F.T.C.no.5, Begusarai for fresh consideration of the petition filed by the petitioners under Section 228 Cr.P.C. The petitioners will appear before the learned Presiding Judge, F.T.C.no.5, Begusarai on 24.11.2008 and move their application under Section 228 Cr.P.C. afresh after getting the date for hearing fixed by the court below. . ( Abhijit Sinha, J) NKS/-