IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44554 of 2008 1) Upendra Rai,son of Late Bhagwan Rai, 2) Nawal Rai, son of Late Ramashray Rai, 3) Vishwanath Rai, son of Late Moti Rai, 4) Bharos Rai, son of Late Kali Rai, village Parewa, PS Shikarganj, Dist. Motihari – Petitioners. Vs 1) The State of Bihar, 2) Harinandan Rai, son of Jagdish Rai, Parewa, PS Shikarganj, Dist. Motihari – Opp. Parties. 2 29.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by order, dated 24.7.2008 passed in S.T. No. 5/2008 by the Additional Sessions Judge V, Motihari refusing to discharge them. Learned counsel for the petitioner submits that the Subdivisonal Judicial Magistrate had remanded the accused persons in a case under sections 376/511 of the Penal Code. The petitioner being the Chowkidar played the role of escorting the deceased to the police station and then to the court. Post mortem speaks of death due to heart attack and, therefore, it cannot be said that the deceased died due to the injuries supposedly inflicted by the petitioners and others. The defence raised on behalf of the petitioners can only be considered at the stage of trial of the case. I, thus, find that the reasons for rejecting the discharge petition as mentioned in the order of the court below are not illegal as it appears that the Subdivisional Judicial Magistrate has recorded that the deceased was injured and he was referred to the 2 hospital for treatment. It is submitted that the post mortem report indicates ante mortem injuries. In any event all these aspects of the matter will be decided by the court below during the trial. This application is dismissed. haque ( Sheema Ali Khan, J.)