IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22731 of 2008 SACHHIDA NAND JHA @ SACHIDA NAND JHA SON OF LATE SHIVNANDAN JHA, RESIDENT OF DAK BUNGLOW ROAD, HAJIPUR, P.S. NAGAR HAJIPUR, DISTT. VAISHALI AT HAJIPUR. ------ PETITIONER. Versus THE STATE OF BIHAR ----------- 2. 25.4.2011 Heard. The petitioner has sought quashing of the order dated 9.5.2008 passed in Sessions Trial No. 35 of 2002 by which the 1st Additional Sessions Judge, Vaishali at Hajipur has refused to discharge the petitioner. It has been submitted that in the facts of the case, Section 304A of the Indian Penal Code is made out and not Section 304 of the Indian Penal Code. Since no prejudice will be caused to the petitioner even if charge under Section 304 of the Indian Penal Code is framed and that even subsequently the charge can be amended if the evidence adduced on behalf of the prosecution so warrants at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed. S.Ali ( Anjana Prakash, J.)