IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39442 of 2009 1. Kameshwar Sharma, son of Sri Chandrama Sharma, 2. Nirmala Sharma, wife of Dr. Kameshwar Sharma, 3. Amritesh Sharma @ Manoj Sharma, son of Dr. Kameshwar Sharma, all of village Kamalpur, Ps Paru, Dist. Muzaffarpur, at present Mohalla Sir Ganesh Dutta Nagar, PS Sadar, district Muzaffarpur – petitioners. Vs. The State of Bihar. 2 12.1.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 6.8.2009 passed by the Additional Sessions Judge V, Muzaffarpur in S.T. No. 821/2006 by which the petition for discharge has been rejected. The facts are that Anamika, the victim girl caught fire and was taken to S.K.M.C.H. Muzaffarpur. The informant claims that he was informed and he came to the hospital where he found that his daughter was badly burnt. He returned to fetch some money and when came back to the hospital, he found that his daughter was missing. Later he came to know that she was taken to Apollo Hospital at Patna. Learned counsel for the petitioners submits that the girl’s statement was taken at the hospital at Muzaffarpur in which she has stated that she caught fire when she was boiling milk for her baby. It is submitted that the C.I.D. is investigating the matter which is still pending. It is further submitted that there are several witnesses who have not supported the demand of dowry and the fact of torture. In the circumstances counsel for the petitioners submits that the facts do not constitute offences under section 304B of the Penal Code. 2 In the facts aforesaid and even assuming that the submissions made on behalf of the petitioners are correct, the court has to examine whether prima facie a case is made out or not, and not to scrutinize and evaluate the evidence of the witnesses. The dying declaration, if any, and the statements of witnesses would be considered by the court during the trial. At this stage this court cannot pass any positive order discharging the petitioners. This application is, thus, dismissed. haque (Sheema Ali Khan, J.)