IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.15 of 2009 MOHAN MURARI PRASAD S/O LATE SANKATHA PRASAD SETH R/O MOHALLA- BHABUA WARD NO.9, P.S.- BHABUA, DISTRICT- KAIMUR Versus 1. THE STATE OF BIHAR 2. DEO BRAT SETH S/O BRAHAM SETH 3. NAND KISHORE SETH S/O BRAMHA SETH 4. BRAHMA SETH S/O LATE CHEDIO SETH 5. DHARAMSHILA DEVI W/O NAND KISHROE SETH 6. JAI PRAKASH SETH S/O BRAHMA SETH 7. BUCHI DEVI W/IO BRAHMA SETH ALL R/O VILLAGE- RUPPUR, P.S.- BHABUA, DISTRICT- KAIMUR ----------- 9 03/08/2009 Heard learned counsel for the petitioner, learned counsel representing the State and learned counsel of the opposite parties. This application has been filed for grant of special leave to appeal against the judgment dated 23.12.2008 passed by the learned Additional Sessions Judge, F.T.C. No. IV, Bhabua in Sessions Trial No. 40 of 2007 whereby the opposite party nos. 2 to 7 have been acquitted from the charges under sections 304 B/201 of the Indian Penal Code. Having gone through the judgment it appears that initially a complaint petition was filed which was referred to police where the FIR was registered. The police after investigating into the case submitted final form saying that the death was occurred in course of delivery. The matter was proceed further on the basis of protest petition. It further appears that the said protest petition was not exhibited. The learned trial court has considered every aspects of the matter and finds 2 several lacunas in the prosecution case. The impugned judgment is correct and needs no interference. Accordingly, this application is dismissed. avin (Shyam Kishore Sharma, J.)