IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40270 of 2008 Bhola Rai, Son of Ramswarath Rai, Resident of village Vijaiya, PS Mansoorchak, District Begusarai ---- Petitioner Versus State Of Bihar ---- Opposite Party ----------- 2 26.7.2011 This application has been filed challenging the order 5.9.2008 refusing to discharge the petitioner in Sessions Trial No. 496 of 2008. Learned counsel for the petitioner submits that the case does not amount to one under Section 302 of the Indian Penal Code. It is submitted that the victim was treated in the hospital for 15 days and he died after he returned home due to relapse. These aspects of the matter will be considered by the Court below during the trial. This application is dismissed. Sanjay (Sheema Ali Khan, J.)