IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.29111 OF 2008 1. BHARAT SINGH, SON OF SHRI RAMAYAN SINGH 2. RAMAYAN SINGH, SON OF LATE DAMRI SINGH 3. KAUSHLYA DEVI, WIFE OF SHRI RAMAYAN SINGH 4. GYANTI DEVI, WIFE OF SHRI RADHE SHYAM SINGH ALL RESIDENT OF VILLAGE KAUWA KHONCH, POLICE STATION KARGAHAR, DISTRICT ROHTAS …………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ********** 2 08/03/2010 Heard learned Counsel for the petitioners, the informant and the A.P.P. appearing on behalf of the State. This application has been filed against the order dated 16.05.2008 passed in Sessions Trial No. 117 of 2008 [Nokha (Dharampura) Police Station Case No. 86 of 2007]. Learned Counsel for the petitioners submits that the allegation of administering a tablet which led to miscarriage and abortion of the unborn baby is against Tuna Singh and as such the petitioners are not liable to be charged under Section 313 of the Indian Penal Code. This aspect of the matter has been disbelieved by the Trial Court inasmuch as the Trial Court says that there is material against these petitioners as well. Eventually, whether the petitioners would be liable under Section 313 of the Indian Penal Code or not would be a question of fact which has to be 2 established during the trial of the case. I do not find any illegality in the impugned order since the Court has come to a conclusion that there is material against the petitioners. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)