IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.38873 OF 2009 BIPIN SINGH @ BIPIN KUMAR, SON OF RAM BINOD SINGH, RESIDENT OF VILLAGE BAHALPUR, POLICE STATION NAYAGAON, DISTRICT BEGUSARAI VERSUS THE STATE OF BIHAR ********** 2 07/12/2009 Heard learned Counsel for the petitioner and the Opposite parties. This application has been filed challenging the order dated 15.09.2009/16.09.2009 by which the application for discharge filed on behalf of the petitioner was rejected. Learned Counsel for the petitioner submits that the alleged occurrence took place on 10.04.2002 where as the complaint was filed on 24.04.2002 without any explanation with respect to the delay in filing the complaint petition. It has further been argued that on 10.04.2002, the petitioner has filed a case against the informant alleging therein that the informant of this case along with other persons was responsible for killing the son of this petitioner. It is further argued that the boy who was allegedly kidnapped was examined on 13.09.2006, after four and a half years of the occurrence. The facts as pointed out by the Counsel for the petitioner may be a good ground for consideration of 2 the Court below during the trial. However, as far as the order with respect to rejecting the discharge appliatio0n is concerned, the Court has only to see whether a prima facie case is made out and not consider the defence of the parties. In view of the aforesaid facts, this application is dismissed. Anand ( Sheema Ali Khan, J.)