Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21345 of 2010 ====================================================== Paresh Singh, son of Awadhesh Singh, resident of Village- Khetalpura, P.S. Sare, District-Nalanda .... .... Petitioner/s Versus 1. The State Of Bihar 2. Rajendra Singh, son of Late Baleshwar Singh, resident of Village- Teus, Police Station-Jairampur More, District-Shekhpura .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ------------------------ 7 17-08-2012 Heard Sri Kumar Kaushik, learned counsel for the petitioner and Sri Anil Kumar, learned Addl. Public Prosecutor. The sole petitioner, who was the husband of deceased , has approached this Court with a prayer to quash an order dated 19.05.2910 passed by the learned Chief Judicial Magistrate, Shekhpura in Jairampur P.S. Case No.17 of 2007. By the said order, the learned Magistrate has taken cognizance of offence under [STATUTE] . It was submitted by learned counsel for the petitioner that on perusal of the postmortem report, it is evident that the deceased was not having any injury either internal or external and, as such, this case cannot be considered as a case under [STATUTE] . He further submits that it is true that after ailment, the wife of the petitioner was dropped to the house of her parents and there she was under treatment for about two Patna High Court Cr.Misc. No.21345 of 2010 (7) dt.17-08-2012 2 / 2 2 months and subsequently, she died. According to learned counsel for the petitioner, no case was made out under [STATUTE] . In this case, earlier case diary was summoned, which has been received. After going through the case diary, the Court is of the opinion that it is not a fit case for interference at the stage of cognizance. If so advised, the petitioner may take all the pleas, which have been taken in the present case, at the appropriate stage. The petition stands disposed of with above observation. NKS/- (Rakesh Kumar, J)

Applicable IPC Section: 306

Statute Text:
Section 306 of the Indian Penal Code. Abetting the Commission of suicide. If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.