IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32616 of 2008 1. Binay Manjhi, Son of Mudar Manjhi. 2. Gironi Manjhi @ Girani Manjhi, Son of Jago Manjhi, both resident of village Sanout Kadipur, PS Muffasil, District Gaya ---- Petitioners Versus The State Of Bihar ---- Opposite Party ----------- 2 30.6.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by the order dated 15.7.2008 passed in Sessions Trial No. 11 of 2008/174 of 2008 refusing to discharge the petitioners for offences under Section 302 and other allied Sections of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are not named in the First Information Report and as such subsequent statement by the informant disclosing the name of the petitioners is not malafide and has been done because of the strained relationship between the parties. The Court below while dismissing the application has taken into consideration the statements made under Section 161 of the Code of Criminal Procedure which indicate that several witnesses have named these petitioners. In view of the aforesaid facts, it appears that a prima facie case is made out against the petitioners. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)