Case Facts:
Patna High Court Cr.Misc. No.12444 of 2011 (4) dt.23-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12444 of 2011 ====================================================== 1. Chanda Devi wife of Durgesh Singh 2. Dhanvanti Devi wife of Balram Singh Both are resident of village-Pandu, P.S.-Tandawa and District- Aurangabad. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Smt Asha Verma, Adv. For the Opposite Party/s : Mr. Ajay Kumar-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 4 23-07-2012 Heard learned counsel for the petitioners and learned counsel for the State. In this case, petitioners are challenging the F.I.R. arising out of Tandawa P.S. Case No. 32 of 2007 for offence under [STATUTE] . In the F.I.R. the informant submits that there was a common Chapakal and the informant was going for taking water then she saw that the wife of her younger brother and her aunt, Danvanti Devi were standing there and when the sister of informant had returned from river and gave meal to her father and after some time, her father started vomitting and he became senseless and while the informant was managing to take him to the Doctor, the father of informant could not survive. In the F.I.R. suspicion has been raised that those Patna High Court Cr.Misc. No.12444 of 2011 (4) dt.23-07-2012 persons might have administered the poison in vegetable that was the cause of death of father of the informant. The counsel for the petitioners submits that there is no specific allegation against the petitioners and there is no iota of evidence that the petitioners were involved in putting the poison in vegetable so much so that there is nothing in the case diary which can show that these petitioners were involved in the episode. The court would examine only what has been collected during the investigation by the Police. This Court cannot go for a trial and at this stage this Court does not find any merit in the present case. Accordingly, this petition is dismissed. However, liberty is given to the petitioners to raise all the points before the court below at the appropriate stage of the trial. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.