IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35942 of 2009 BINAY KUMAR, son of Shiv Prakash Ram, Mohalla Gola Road, Ps and district Nawada – petitioner. Vs. 1. The State of Bihar, 2. Bijendra Prasad, son of Late Chamru Ram, village Ekangar Dih, PS Ekangarsarai, District Nalanda – opposite parties. 2 17.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed against the order, dated 3.9.2009 passed by the Addl. District and Sessions Judge, FTC IV, Nawada in S.T. No. 48/2008/69/2008 by which the petitioner under section 227 of the Code of Criminal Procedure to discharge the petitioner has been rejected. Learned counsel for the petitioner submits that apart from the F.I.R. there is no evidence to support the factum of demand of dowry. It is also submitted that the lady was mentally retarded and she along with the two children set herself on fire causing death. It is also submitted that the mother of the victim lady does not support the factum of demand of dowry. In the circumstances learned counsel for the petitioner submits that no case is made out under section 304B of the Penal Code and the petitioner should be discharged of the offences. The court below has to consider the F.I.R., the evidence that has come in the case diary and the court is not supposed to appraise the evidence at this stage. The submission of learned counsel for the petitioner that the lady was mentally retarded will be considered at the appropriate stage and not at the stage of framing of 2 charge. I, thus, find no merit in this application. This application is dismissed. haque (Sheema Ali Khan, J.)