IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25144 of 2007 BHARAT LAL RAI s/o Chandeshwar Rai, resident of village Parari, P. S. Sursand, Dist. Sitamarhi. …. Petitioner. Versus 1. STATE OF BIHAR 2. Mithilesh Rai, son of Satyadeo Rai, resident of village Parsi, P. S. Sursand, District Sitamarhi. … Opposite parties ----------- 7. 30.07.2009. Heard counsel for the petitioner and counsel for the State. The petitioner is facing prosecution for getting an employment on forged documents and this Court at least for the purpose of testing the order of cognizance would not like to go into the defence as to whether Bihar Sanskrit Shikcha Board had issued letter to the Investigating Officer certifying the correctness of later certificate. Prima fice it would appear that the same person cannot have two date of births one for the purpose of appearing in the matriculation examination conducted by Bihar School Examination Board and the other for the purpose of appearing in the Madhayma examination conducted by Bihar Sanskrit Shikcha Board. These complicated questions of fact can definitely be 2 examined only in course of trial and at least cannot make a ground for discharging in terms of Section 239 of the Code of criminal Procedure. That being so, this Court would not find any merit in this application and the same is accordingly dismissed. kanchan (Mihir Kumar Jha, J.)