IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.32320 of 2007 1. LAL BABU YADAV, son of Brahmdeo Yadav 2. Manti Devi, wife of Lal Babu Yadav 3. Suljhariya Devi, wife of Brahmdeo Yadav & 4. Brahmdeo Yadav son of late Paithan Yadav All residents of Village Dih Pali, P.S. Paliganj, District Patna. . . . . . . Petitioners. Versus THE STATE OF BIHAR . . . . . . . . . Opp. Party. ----------- 4/ 06.10.2009 Heard learned counsel for the petitioners and the State The instant quashing application is filed against the order dated 14.06.2007 passed in Sessions Trial No. 570 of 2002 whereby the learned Additional Sessions Judge IX, Patna has rejected the application filed under Section 227 of the Code of Criminal Procedure to discharge the petitioners for the offence under Sections 498 A, 304 B, 201/34 of the Indian Penal Code. The petitioners submit that initially a First Information Report was lodged on 16.08.1990 under Sections 498 A and 304 B of the Indian Penal Code. Further more the police after investigation submitted charge-sheet under Sections 302/201 of the Indian Penal Code. The police did not find involvement of any other accused persons other than the husband of the deceased. In fact the family members of deceased with an ulterior motive have roped the other accused persons on mere suspicion. Learned counsel submits that in any view of the matter petitioner nos. 3 and 4, who are mother-in-law and father-in-law are aged over 85 years. Learned counsel for the State submits that the witnesses in paragraph nos. 7, 8, 9 and 10 have raised suspicion against these accused persons also. - 2 - After hearing the parties, I do not find that the petitioners have made substantial ground for interfering with the impugned order rejecting the discharge application. It will be open to them to plead at the time of trial that the accused persons are innocent and petitioner nos. 3 and 4 i.e. mother-in-law and father-in-law could not have participated in the occurrence on account of advance age. With this observation, this application is, accordingly, dismissed. Uday/ (Samarendra Pratap Singh, J.)