IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22198 of 2010 1. ABHISHEKH KUMAR S/O BRIJ MOHAN SINGH 2. ANUP KUMAR @ PINKU S/O BRIJMOHAN SINGH 3. GITA DEVI W/O BRIJMOHAN SINGH 4. ALL R/O MOHALLA GANDHINAGAR GABHTAL P.S.- DANAPUR, DISTRICT- PATNA ………….Petitioners Versus 1. THE STATE OF BIHAR 2. RAMESH PRASAD S/O LATE RAJENDRA PRASAD R/O VILLAGE- CHAMAN BIGHA, P.S.- JAHANABAD, DISTRIT- JEHANABAD …………..Opposite Parties ----------- 2. 09.03.2011 Heard the parties. The petitioners have sought quashing of the order dated 27.4.2010 passed by Additional Chief Judicial Magistrate, Danapur in Danapur P.S.Case No. 832 of 2006, by which he has taken cognizance under Section 302/34 I.P.C. and 3/4 D.P. Act. It has been submitted that the purported dying declaration was recorded on 30.12.2006 whereas the doctors evidence is that she was unconscious from 29.12.2006 itself and, therefore, the dying declaration is not fit to be relied upon. These are factual matters which can only be adjudicated adequately at the stage of trial, so I am not inclined to interfere in the matter. The application is dismissed. Fahad. ( Anjana Prakash, J. )