IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9800 of 2008 BECHAN AZAD IDRISHI (MINOR), SON OF SHAMIM AKHTAR IDRISHI, RESIDENT OF VILLAGE – UTTARI TOLA KOCHAS, P.S. – KOCHAS, DISTRICT ROHTAS. UNDER THE GUARDIANSHIP OF HIS FATHER SHAMIM AKHTAR IDRISHI, SON OF PHULEMAN KHALIJA, RESIDENT OF VILLAGE – UTTARI TOLA KOCHAS, P.S. – KOCHAS, DISTRICT – ROHTAS. .................. PETITIONER Versus 1. THE STATE OF BIHAR. 2. BINAY KUMAR CHAUBEY, SON OF KASHI NATH CHAUBEY, RESIDENT OF VILLAGE – HARIHAR DIHRA, P.S. – KOCHAS, DISTRICT – ROHTAS. ………….. OPP. PARTIES. ----------- 02/ 03.05.2010 Heard learned counsel for the parties. This petition is directed against the order dated 01.12.2007 taking cognizance under Section 302 of the Indian Penal Code, however, there is allegation that on a petty matter the deceased came into class room of Class IV and verbal altercation between the monitor Bechan Azad Idrishi (petitioner) and the deceased started and that verbal altercation just converted into physical altercation and it is alleged that the said Idrishi assaulted the deceased by fist on his abdomen and the deceased fell down and died instantaneously and when he was taken to hospital, the doctor declared him dead. 2 Learned counsel for the petitioner, however, submits that there is assault by slaps and fists by student of Class IV and hence it may well be inferred that there is no means rea to kill and hence contended that the offence under Section 302 IPC may not be inferred. However, the case is at the stage of taking cognizance and at the stage of taking cognizance, points raised with regard to several factors require to be considered and further that the matter since is pending in the Juvenile Justice Board, hence the order taking cognizance hardly requires interference by this court. This application is dismissed. However, the petitioner shall be at liberty to raise all the points raised in this petition at the inquiry stage. Kundan (Gopal Prasad, J.)