IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43981 of 2008 Lal Bahadur Singh, Son of Sri Ramjee Singh, Resident of Village and Post Ariaon, PS Krishna Brahm, District Buxar ----- Petitioner Versus 1. The State Of Bihar. 2. Lal Muni Devi, Wife of Late Hirday Narain Singh, Resident of Village + Post Ariaon, PS Krishna Brahm, District Buxar ----- Opposite Parties. ----------- 2 28.7.2011 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 26.7.2008, passed in Sessions Trial No. 154 of 2008, arising out of Brahmpur (Krishna Brahm) PS Case No. 202 of 2002. Learned counsel for the petitioner submits that he should be discharged from the offences under Section 306 of the Indian Penal Code as there is a discrepancy relating to the manner of occurrence as it was first related by the informant Lal Muni Devi. At the first instance, Lal Muni Devi has stated that the victim had poisoned herself and two children. Later on a case has been instituted alleging that this petitioner had given sweets to Anita Devi which contained poison as a result of which Anita Devi and her two children died. The reason for the occurrence is a land dispute with the uncle of Anita Devi. The issues in this case are by way of defence and need to be proved through evidence and, therefore, the Court has rightly rejected the application of discharge. The petitioner would be at liberty to raise all these issued at the stage of trial and would also be at liberty to produce the First 2 Information Report of the U.D. case and exhibits if, it is not already on record. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)