IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36104 of 2008 1. KANCHAN KUMAR 2. ANJAN KUMAR, BOTH ARE SONS OF SRI BINDU MADHAV SHARAN SHARMA, RESIDENT OF VILLAGE SONCHARI, P.S. PARWALPUR, IN THE DISTRICT OF NALANDA ….. PETITIONERS Versus THE STATE OF BIHAR ……………. OPPOSITE PARTY ----------- 3. 28.3.2011 It has been submitted that the petitioner no.2 is dead and, therefore, his application has become infructuous. The petitioner no.1 is aggrieved with the order dated 18.8.2008, by which the Additional District and Sessions Judge I, Hilsa has refused to discharge the petitioner in Sessions Trial No.605 of 2002. It has been submitted that the petitioner was the informant of the case, where after during trial he deposed supporting the prosecution case, but when P.W.4, who is the uncle of the deceased, was examined, he disclosed the complicity of the petitioner, upon which he was summoned u/s.319 Cr.P.C. Further submission is that in the facts of the case since the chances of conviction is very bleak he should not have been summoned since there is no cogent material against him. On the other hand, the learned Counsel for P.W.2, P.W.3 and P.W.4 i.e. the parents and the uncle of the deceased, submits that they had filed protest before the police at the initial stage itself about manner in which the - 2 - present First Information Report was instituted and that the informant was also involved in the present case, but no action was taken in that regard, where after they also filed a protest petition. When the opposite party moved this Court in Criminal Revision against the order of the Magistrate, by which summons were not issued to the petitioner, this Court had observed that the matter could be agitated at the stage of trial. It is therefore stated that now where there is sufficient material against the petitioner which would warrant putting him on trial, it is not in the interest of justice that he be discharged. Considering that objections to the petitioner having been made the informant and his complicity had been alleged right since the inception of the case, I am not inclined to interfere in the matter. The application is dismissed. The Trial Court is directed to proceed with the trial and conclude it positively within a period of six months from the date of receipt of this order. Narendra/ ( Anjana Prakash, J. )