IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40123 of 2009 Rambati Devi, wife of Late Dashrath Rai, village Nikaspur, PS Tajpur, district Samastipur – petitioner. Vs. 1) The State of Bihar, 2) Mahendra Paswan, son of Late Bipat Paswan, village Nikaspur, Ps Tajpur, district Samastipur – opp. parties. 2 3.2.2010 Heard the parties. The petitioner is aggrieved by order, dated 15.9.2009 passed in S.T. No. 1004/2008, arising out of Tajpur PS Case No. 279/2006, by the Sessions Judge, Samastipur refusing to discharge the petitioner under section 228 of the Cr.P.C. for the offences alleged to have been committed under section 304 of the Penal Code. Learned counsel for the petitioner submits that several witnesses in the case diary have said that the case is not true. It is further supported by the statements wherein it is specifically stated that the lady died due to anemia and that the doctor was pressurized by the family members of Janki Devi to give statement that she died due to injuries inflicted upon her. It is further submitted that the informant by filing this false case has succeeded in grabbing the land of the petitioner. All these aspects of the matter would be considered in a ful-fledged trial and the court cannot evaluate the evidence that comes during investigation. This court, thus, finds no illegality in the impugned order. This application is dismissed. haque (Sheema Ali Khan, J.)