IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38370 of 2009 1. Garib Nath Sahni, son of Sri Bhagwan Sahni, 2. Sri Bhagwan Sahni, son of Late Ramu Sahni, 3. Aniya Devi, wife of Sri Bhagwan Sahni, 4. Amarnath Sahni, son of Sri Bhagwan sahni, 5. Sita Ram Sahni, son of Late Ramu Sahni, all of village Kanhana Chitarpatti, PS Meenapur, District Muzaffarpur – Petitioners. Vs. The State of Bihar. 2 16.11.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners have challenged the order, dated 17.8.2009 passed by 7th Additional Sessions Judge, Muzaffarpur in S.T. No. 417/2009 for the offence under section 304B of the Penal Code refusing to discharge them. Learned counsel for the petitioners draws the court’s attention to Annexure 2 which relates to Meenapur PS Case No. 85/2004 filed under sections 363, 365 and 379/34 of the Penal Code filed by Bhagwan Sahni who happens to be father of petitioner no.1. In that case it is alleged that Kanti Devi has been kidnapped by Ganesh Giri and Usha Giri. In this case trial has commenced and out of ten witnesses, six have been examined. The order, dated 28.6.2008 indicates that Kanti Devi had filed an application before the trial court. Learned counsel submits that if in fact Kanti Devi has filed an application in the trial court with respect to Meenapur PS Case No. 85/2004, it cannot be alleged that she has been killed by her husband on 3.4.2004 as indicated in Meenapur PS Case No. 40/2005, wherein it has been stated that when the informant went to visit his daughter on 2 3.4.2004, but he did not find her in her Sasural, and it seems that husband and in-laws have killed her. In this case I do not find any reason to interfere with the order of discharge. However, I may indicate that in case Kanti Devi appears in person to depose in Meenapur PS case No. 85/2004, the petitioner will bring this fact to the notice of the court by producing the relevant order sheet/deposition. Obviously if Kanti Devi appears in court, it cannot be said that she is dead and automatically the case under section 304B of the Penal Code would fail. This application is, thus, dismissed with the aforesaid observations. haque (Sheema Ali Khan, J.)