IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32990 of 2008 1) Ram Deo Yadav, son of Late Bhagirath Yadav, 2) Kamo Devi, wife3 of Ramdeo Yadav, both of village Ojhadih, PS Laxmipur, district Jamui – petitioners. Vs 1. The State of Bihar, 2. Surendra Prasad Yadav, son of Billu Yadav, village Asauta Jinhara, PS Laxmipur, district Jamui – opp. parties. 5 14.1.2010 Heard learned counsel for the parties. This application has been filed for quashing the order taking cognizance, dated 15.7.2005 passed by the Chief Judicial Magistrate, Jamui in Laxmipur PS Case No. 35/2003 on the ground that apart from the informant and his restatement in the case diary, there is no sufficient material to book the petitioners for the offences under sections 304B and 201 of the Penal Code. Counsel for the petitioners submits that the lady had given her statement in Apollo Burn Hospital at Patna and was also examined by the local doctor before she was taken to Apollo Hospital which indicates that prima facie the petitioners discharged their duties and tried their best to save the life of the deceased. It is further submitted that several witnesses have supported that the lady caught fire while she was boiling milk and there are circumstances to show that the case was an after thought and lodged at a belated stage. The fact is that the complaint was instituted after seventeen days of her death. All these aspects of the matter ought to be considered at the time of discharge by the court below before passing a final order. So far as the order taking cognizance is concerned, this court is not inclined to interfere at this stage. This application is dismissed. haque (Sheema Ali Khan, J.)