Case Facts:
Patna High Court Cr.Misc. No.15723 of 2011 (3) dt.27-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15723 of 2011 ====================================================== 1. Jitendra Prasad S/O Ram Pravesh Prasad, Resident Of Villlage- Kurwa, P.S.- Khizersarai, District- Gaya .... .... Petitioner/s Versus 1. The State Of Bihar 2. Smt. Radha Devi W/O Late Deo Nandan Prasad, Resident Of Village- Mocharim, P.S.- Magadh University, Distt.- Gaya .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyaya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 27-08-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is challenging the order dated 14.3.2011 passed by learned Additional Sessions Judge-I, Gaya in S.T. No. 3 of 2010/213 of 2010 by which the court below has refused to discharge the petitioner who is facing the trial in a case where offence has been alleged of murder of a person and the court below has framed the charge under [STATUTE] . The counsel for the petitioner fairly submits that the trial has started and one witness has already been examined but he has not been cross-examined. At this stage when the trial has begun then this Court does not intend to adjudicate the matter in a discharge petition in Patna High Court Cr.Misc. No.15723 of 2011 (3) dt.27-08-2012 view of the judgment reported in 2001 (1) P.L.J.R. 42 (State of Delhi Vs. Gyan Devi.) In this view of the matter, this Court does not give any opinion on merit. Accordingly, this petition is dismissed with liberty to the petitioner to raise all the points before the court below during the trial. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.