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.)