IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24487 of 2009 1. Vaidehi Sharan Jha, son of late Badri Jha @ Yadubir Jha, 2. Vikram Kumar Jha, son of Vaidehi Sharan Jha, 3. Bebi Devi, wife of Vikram Kumar Jha, 4. Gita Devi, wife of Vaidehi Sharan Jha, all of village Habibhouar, PS Bahera, Dist. Darbhanga. 5. Sarda Devi, wife of Late Lalit Kumar Mishra, 6. Lalit Kumar Mishra, son of Late Suresh Mishra, both of village Habibhouar, PS Bahera, district Darbhanga – petitioners. Vs. 1. The State of Bihar, 2. Baleshwar Jha, son of Shri Yamuna Prasad Jha, village Kulhara, PS Singhiya, district Samastipur – opp. parties. 5 18.2.2010 Heard the parties. This application has been filed for quashing the order, dated 1.6.2009 passed by the Additional District & Sessions Judge, FTC V, Darbhanga in Cr. Revision No. 348/2007. The matter had earlier come to this court vide Annexure 6 when this court had directed the Subdivisional Judicial Magistrate, Benipur, Darbhanga to look into the medical report regarding the cause of death of the deceased. On remand, by order, dated 2.8.2007 the court below without considering the evidence that has come during enquiry under section 202 Cr.P.C. has exonerated the petitioner. Being aggrieved with the order, the complainant-opposite party no.2 filed a revision before the Sessions Judge, Darbhanga. The Additional District and Sessions Judge, FTC V, Darbhanga on considering the evidence that has come on record has quashed the order passed by the Subdivisional Judicial Magistrate on 2.8.2007 in C.R. No. 66/2004. Learned counsel for the petitioners submits that it is apparent from the medical report that the lady died of intestinal obstruction and as such it cannot be said that the petitioners were 2 responsible for her death. In a case under sections 302, 201 and 120B of the Penal Code, the court has to consider the evidence as well as medical evidence and if there is some difference between the two, that has to be decided during the trial. In my opinion the order passed by the Additional District & Sessions Judge, FTC V, Darbhanga on 1.6.2009 does not suffer from any infirmity. This application is, thus, dismissed. haque (Sheema Ali Khan, J.)