IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40702 OF 2009 1. ASHOK SINGH, SON OF RAM SWARTH SINGH 2. SANJAY SINGH, SON OF RAM SWARTH SINGH BOTH RESIDENT OF VILLAGE PUNAURA, POLICE STATION SITAMARHI, DISTRICT SITAMARHI …………………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ********** 2 24/02/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners have filed this application for quashing the order dated 26.05.2009 passed in Sitamarhi Police Station Case No. 542 of 2007 by which the Chief Judicial Magistrate, Sitamarhi has taken cognizance for offences under Section 304B/34 of the Indian Penal Code. Learned Counsel for the petitioners submits that the Dying Declaration of the deceased lady indicates that it was an accidental death. Charge sheet has been submitted under Section 306 of the Indian Penal Code whereas the Court below after perusing the case diary has found that it is an offence under Section 304B of the Indian Penal Code. I find no illegality in the order impugned. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)