IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.43939 OF 2009 MANISH KUMAR SINGH @ MANISH SINGH, SON OF LATE TEJ BAHADUR SINGH, PERMANENTLY RESIDENT OF SIRKHINPURE, POLICE STATION AKHAND NAGAR, DISTRICT SULTANPUR, UTTAR PRADESH AND PRESENTLY RESIDING AT MAURYA VIHAR, HOUSE NO. 87, ROAD NO. 2, KHAGAUL, POLICE STATION PHULWARISHARIF, DISTRICT PATNA VERSUS 1. THE STATE OF BIHAR 2. MRS. KIRAN RATHORE, WIFE OF LATE BARISH KUMAR RATHORE, RESIDENT OF 128/188, K. BLOCK, KIDWAI NAGAR, KANPUR, UTTAR PRADESH ………………………………………………………………………..OPPOSITE PARTIES ******** 2 28/01/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is aggrieved by order dated 12.11.2009 passed in Sessions Trial No. 995 of 2009 by which the discharge application has been dismissed. Counsel for the petitioner submits that the Court below ought to have considered the fact that the petitioner along with the mother of the deceased had signed on the death certificate as well as on the consent paper and as such it cannot be said that the petitioner is liable to be punished under Section 304B of the Indian Penal Code. The fact remains that during investigation, some evidence has come against the petitioner and as such the occasion for discharging him at this stage does not arise. However, the petitioner would be at liberty to produce the documents and exhibited them while leading evidence or point out the materials in his favour 2 to the Court below during the arguments of this case. Besides which, I find that the charges have already been framed by the Court below on 26th November, 2009. In the result, this application is dismissed. Anand ( Sheema Ali Khan, J.)