IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28221 of 2009 SANJEET KUMAR, son of Ram Chandra Paswan, village Narawat, PS Atri, District Gaya – petitioner. Versus STATE OF BIHAR ----------- 2 12.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order, dated 8.6.2009 passed by the Additional Sessions Judge, FTC I, Gaya in S.T.No. 30/2009/342/2009, arising out of Atri PS Case No. 81/2007, by which the court has refused to discharge him of the offences under sections 304B and 306 of the Penal Code. Learned counsel for the petitioner relying on the charge sheet submitted that no evidence has been gathered during investigation to show that case is made out under section 304B of the Penal Code. It is submitted that there is no evidence to state that case is made out under section 306 of the Penal Code either. In the circumstances it would be left to the court to peruse the evidence and decide whether charges are maintainable under sections 306 and 304B or any other sections of the Penal Code. This court at this stage cannot evaluate the evidence and direct that the petitioner should be discharged on the basis of plea of alibi. This application is dismissed. haque (Sheema Ali Khan, J.)