IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30054 of 2008 1. KAILASH BARNWAL,S/O Arjun lal Barnwal. 2. Kiran Devi, W/O Arjun Lal Barnwal. 3. Soni Kumari, D/O Arjun lal Barnwal. 4. Ranjeet Kumar Brnwal, S/O Arjun Lal Barnwal. All R/O Vill- Chhotaki Delha, P.S. Delha, Distt- Gauya. Versus 1. STATE OF BIHAR. 2. Gautam Gopal, S/O Late Mahesh Pal………..Opp. Parties. ----------- 2 11.02.2011 The petitioners have filed the present application for quashing the order dated 13.06.2008 and the entire prosecution case of Delha P.S. Case No. 87 of 2006, by which the Magistrate differing with the final form submitted by police, took cognizance under Section 304B of the Indian Penal Code. Learned counsel for the petitioner submits that it is admitted fact that the victim died due to illness and hence the case does not come within the purview of Section 304 B of the Indian Penal Code. Hence the learned Magistrate has committed an error of law by taking cognizance. Learned counsel for the informant submits that the trial has proceeded and four witnesses have been examined in the splitted trial arising out of same P.S. Case no. On this ground alone this Court is not inclined 2 to interfere with the impugned order. However it is made clear that this Court has not applied its mind towards the merit of the case which had to be decided by the learned Trial Court. It is expected that the learned Trial Court should expedite the trial and dispose of the same preferably within a period of six months. Accordingly, this application is disposed off. Bhardwaj ( Dinesh Kumar Singh, J.)