IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33981 of 2008 Krishna Parbat, son of Jamuna Parbat, village Rampur Pachimari, PS Jamo, District Siwan – Petitioner. Versus The State Of Bihar ----------- 2 12.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 10.6.2008 passed by Addl. District and Sessions Judge, FTC IV, Siwan in S.T. No. 215/2005 refusing to discharge the petitioner for the offences alleged to have been committed under sections 302/34 of the Penal Code. Learned counsel for the petitioner submits that it would be apparent that the husband was responsible for administering poison and as such the petitioner cannot be charged for the offence. The court below has considered the evidence of the witnesses and came to the conclusion that the petitioner along with other family members was responsible for the occurrence. The defence raised on behalf of the petitioner can only be considered after evidence is led in this case. All aspects of the matter would be considered at the time of the trial. For the present this court finds that there is a prima facie materials for proceeding in the case against the petitioner. This application is dismissed. haque ( Sheema Ali Khan, J.)