IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5705 of 2009 RAMESH RAI & ANR Versus THE STATE OF BIHAR & ANR ----------- 2 15.4.2009 Having heard learned Senior counsel for the petitioners and learned APP for the State and having perused the order dated 1.9.2008 it appears that learned Chief Judicial Magistrate has dealt with all the materials and evidence of the case before taking cognizance of the offence against these petitioners. Prima facie the submission made that the postmortem report does not corroborate the allegation made in the FIR about the death is not convincing enough for quashing the proceeding against the petitioners who are accused under sections 302/34 of the Indian Penal Code and is a serious allegation. The petitioners if so advised may make their submission at the time of framing of the charge. This application is dismissed. RPS (Ajay Kumar Tripathi,J.)