IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. NO.1081 OF 2006 MD.SABIR, MD MUSTAFA, MD RABANI AND MD KAMRUL VERSUS STATE OF BIHAR & KHUDABAX ALIAS HIRA ----------- 11 11.05.2009. Heard learned counsel for the parties. The petitioners are aggrieved by order dated 1.12.2006, passed by Additional Sessions Judge cum Fast Track Court No. II, Madhubani in Sessions Trial No. 659 of 2006, whereby he rejected the petition for discharge of petitioners under sections 302/34 of the Indian Penal Code. Learned counsel for the petitioners submits that even assuming the prosecution case to be true, ultimately an offence under section 306 of the Indian Penal Code is made out. He submits that materials before the Sessions court does not disclose any ingredient of sections 302/34 of the Indian Penal Code. Learned counsel for the informant submits that accused persons assaulted the deceased and there was sign of injury on the neck of the deceased. He also submits that the comments of the doctor on the post mortem report would show that the deceased had committed suicide. This Court observes that at this stage it is difficult to hold that no case under sections 302/34 of the Indian Penal Code is made out against the accused persons. However, it is open to the petitioners to pray for amendment of charge under section 216 Cr.P.C. if in course of deposition, material warrants framing of charge under section 306 of the Indian Penal Code. The revision application is permitted to be withdrawn. Shashi (S. P. Singh, J.)