IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19582 of 2009 1. Bhikhar Rai @ Bhika Rai son of Jagbir Rai, & 2. Ramkali Devi wife of Bhikhar Rai Both resident of village-Bhopatpur Nayka Tola, P.S. Kotwa, District- East Champaran at present residing at Naharbari, Purana Bazar, District- Dimapur, Nagaland …Petitioners Versus 1. The State Of Bihar & 2. Ramagya Rai, son of Late Basu Rai, Resident of village-Chorma, P.S.- Pakari Dayal, District- East Champaran …Opposite Parties ----------- 2/ 28.06.2011 Heard the parties. The petitioners have sought quashing of the order dated 24.03.2009 passed by the Judicial Magistrate, 1st class, Motihari, in Complaint Case No.866 of 2008 by which it has taken cognizance under section 304-B/34 Indian Penal Code. Submission is that in fact the cause of action did not arise within the jurisdiction of Motihari and the deceased died after a brief illness in Dimapur, Nagaland and, therefore, no offence whatsoever is made out as also that the Court at Motihari lacks territorial jurisdiction to try the case. Since these are the matters of defence and the same cannot be gone into at this stage, I am not inclined to interfere in the matter. The application is dismissed. JA/- (Anjana Prakash,J.)