IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.30261 of 2011 Shree Chand Madhan @ Shiv Chandra Madhu Versus The State of Bihar & Anr. ----------- 2 20.10.2011 Heard learned counsel for the petitioner as well as learned A.P.P. Petitioner is aggrieved by an order dated 12.8.2011 passed by learned Additional Sessions Judge, IVth, Patna in Sessions Trial No.1183 of 2010 (State Versus Shree Chand Madhan @ Shiv Chandra Madhu) whereby and where under his prayer for discharge has been refused by he learned lower court. Though the order impugned suggest satisfaction on the part of the learned Sessions Judge with regard to sufficient material to proceed against the petitioner. However, I would like to incorporate particular line of the order visible there from “in view of the facts and circumstances it can only be ascertained about actual cause of death after receipt of viscera report”. So the case of death is still under mystery whether it happens be homicidal or suicidal or accidental or on account 2 of some sort of ailment. The cause of death happens to be the crux for proceeding with the trial, more particularly, under Section 302 of the I.P.C. However is not sole criteria therefore, the court has to see other cogent material available on the case diary to proceed with the trial by having charge framed against an accused. The other material should be found to such extent that a reasonable suspicion should be found against accused. As such the order impugned is set aside. Petition is allowed. The matter is remitted back to the learned lower court to proceed afresh and will decide the matter after getting all the relevant materials on the record properly scrutinized. PN (Aditya Kumar Trivedi, J.)