IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9110 of 2008 OM PRAASH BARNWAL, SON OF LATE CHINTAMANI BARNWAL, RESIDENT OF PURANI BAZAR, P.S. JHAJHA, DISTRICT JAMUI. ----- PETITIONER Versus 1. THE STATE OF BIHAR. 2. MANJEE MISHRA, CONSTABLE NO. 199, SON OF KANHAIYA MISHRA, AT JHAJHA NAGAR CHOWKI, P.S. JHAJHA, DISTRICT JAMUI. ----- OPPOSITE PARTIES. ----------- 2 16.3.2010 This application has been filed challenging the order dated 29.1.2008, passed by the A.S.J., IInd, Jamui by which the Court has refused to discharge the petitioner in Sessions Trial No. 204 of 2006. Learned counsel for the petitioner submits that the petitioner was happily married. He and his wife have six children. She died accidently. The informant is the police constable who is hostile and inimically inclined towards the petitioner and has therefore, lodged this false and fabricated case. It is further submitted that the prosecution witnesses do not support the case and have sworn affidavits to that effect. The submissions made on behalf of the petitioner are valid and important but have to be tested in a full fledged trial. This Court cannot exercise its power under Section 482 to look into the affidavits filed on behalf of the witnesses in this matter. Considering all aspects of the matter, this application is disposed of with leave to the petitioner to raise all these issues at the time of trial. Sanjay (Sheema Ali Khan, J.)