IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9443 of 2010 1. MAHENDRA SINGH S/O LATE PRADEED SINGH 2. OM PRAKASH SINGH S/O MAHENDRA SINGH 3. RAVINDRA SINGH S/O LATE PRADEEP SINGH 4. JAI PRAKASH SINGH S/O MAHENDRA SINGH ALL R/O VILLAGE- KANAK BIGHA, P.S. THARTHARI, DISTRICT- NALANDA Versus 1. STATE OF BIHAR 2. JAIMATI DEVI W/O LATE ANUP SINGH @ GAJAR SINGH R/O VILLAGE- KANAK BIGHA, P.S. THARTHARI, DISTRICT- NALANDA ----------- 2. 02.12.2010 Heard the parties. The petitioners seek quashing of the order dated 2.1.2010 passed by Additional Chief Judicial Magistrate, Hilsa, Nalanda in Tharthari P.S. Case No. 39 of 2008, by which cognizance has been taken for the offence under Section 302/34 I.P.C. It has been submitted that in the facts of the case an offence under Section 304 I.P.C. shall be made out despite which the court has taken cognizance under Section 302/34 I.P.C. Since I do not find any irregularity in the order impugned, I am not inclined to interfere in the matter. The application is dismissed. Fahad. ( Anjana Prakash, J. )