IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52080 of 2008 Onkar Nath Singh, son of Late Shri Ram Sumer Singh, village and Post Fatehpur, Pargana Kayar, Tehsil Mohamadabad Gohna, district Mau .. Petitioner. Vs. 1. The State of Bihar, 2. Ajay Kumar Singh, son of Late Awadh Narain Singh, village and Post Sidhari, Dist. Azamgarh – Opposite parties. 2 24.8.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is accused in a case under section 302 of the Penal Code. Learned counsel for the petitioner submits that his wife committed suicide and a case under section 306 of the Penal Code was instituted in the local police station. It is alleged that after twenty two days of the occurrence the present case under Section 302 was instituted against him, alleging that he has killed his wife. It is also submitted that the father-in-law had forcibly taken the children and they are being tutored, used and brain washed into believing that he was responsible for killing his wife. It has been argued that the father- in-law has also filed a case under the Guardianship of Wards Act. In the facts and circumstances of the case, this court does not find any ground to quash the order taking cognizance. All these facts will be considered by court below at appropriate stage. This application is dismissed. haque (Sheema Ali Khan, J.)