Case Facts:
Patna High Court Cr.Misc. No.17326 of 2011 (6) dt.05-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17326 of 2011 ====================================================== 1. Kamlesh Prasad S/O Sri Kesho Mahto R/O Vill-Jhamadih, P.S.-Noor Sarai, Distt-Nalanda 2. Sulekha Devi W/O Kamlesh Prasad R/O Vill-Jhamadih, P.S.-Noor Sarai, Distt-Nalanda .... .... Petitioner/s Versus 1. The State Of Bihar 2. Gajadhar Prasad S/O Late Etbari Mahto R/O Vill-Dharahra, P.S.-Silao, Distt-Nalanda .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : M/s. Pramod Kumar & Ritesh Kumar, Advs. For the Opposite Party/s :M/s. M.P.:Bhartee & S.K.Bhartee, Adv. For the State : Mr. Raj Ballabh Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 6 05-12-2012 Heard learned counsel for the petitioners, for the State and the O.P.No.2. In this case, petitioners are challenging the order dated 23rd April 2011 by which the court below has refused to discharge the petitioner. In this case, informant is the grand-father of the victim who has claimed that his grand daughter (Natni) Anshu Bharti, daughter of Late Pratibha Devi was killed by the petitioners, as after death of her mother, she became the eye sore to the petitioners. Police registered the case and submitted final form which was accepted by the Magistrate but on protest petition cognizance has been taken against the petitioners [STATUTE] (6) dt.05-12-2012 120B IPC. The petitioners had earlier challenged the order of cognizance vide Cr. Misc. No. 56420 of2007 and this Court vide order dated 2nd April 2010 rejected the petition and observed that the question whether the child died due to suicide or it was a pre- planned murder would be examined during the trial. After rejection of that petition, petitioners filed discharge petition raising the same points and relying on the suicide note, the court refused to discharge the petitioners and the same order has been challenged in the present case. Counsel for the petitioners is reiterating the same argument as was raised while challenging the order of cognizance. The situation cannot be treated to have improved as the authenticity of suicide note cannot be tested by this Court at this stage which will be decided at the stage of trial. Accordingly, this petition is dismissed with a direction to the court below to expedite the trial and conclude the same as early as possible. 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.