Case Facts:
Patna High Court Cr.Misc. No.13243 of 2011 (2) dt.24-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13243 of 2011 ====================================================== Rameshwar Prasad @ Rameshwar Mahto And Anr. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 24-07-2012 Heard learned counsel for the petitioners and the State. In this case petitioners are challenging the order dated 28th December 2010 by which the court below has refused to discharge the petitioners in connection with Rahui P.S.Case No. 193 of 2009 for the offences [STATUTE] (II), (V), (IX), (XI) of SC/ST Act. From the FIR it appears that the deceased was last seen along with accused persons and later on he was found dead in a very pitiable condition. Police investigated the case and submitted Final Form in favour of petitioners but the court below after due examination of different paragraphs of the case diary found sufficient material to proceed against the petitioners under the aforesaid Sections. Patna High Court Cr.Misc. No.13243 of 2011 (2) dt.24-07-2012 Counsel for the petitioners submits that petitioner no.1 is aged 77 years and, as such, he should have been discharged from the case. Age of a person cannot be the ground for discharge. The only factor to be governed is the material collected during investigation. The court has found sufficient material to proceed against the petitioners. In this view of the matte, this Court does not find any merit in this case. It is accordingly dismissed. However petitioners will have the liberty to raise all the points at the appropriate stage of trial. Jay/- (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.