Dashrath Ram vs State Of Bihar on 2 August, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.44872 of 2008
  Dashrath Ram, son of Late Anik Ram, village Bikkam, PS and District Lakhisarai - Petitioner.
                                           Versus
                                       State Of Bihar
                                          -----------

2 2.8.2011 Heard learned counsel for the petitioner and the

counsel appearing on behalf of the State.

The petitioner is aggrieved by order, dated 31.7.2008

passed in Lakhisarai PS Case No. 340/2005 by the C.J.M.,

Lakhisarai by which cognizance has been taken for the offences

under sections 302/34 of the Penal Code and 27, Arms Act.

Learned counsel for the petitioner submits that the

informant of the case has specifically stated in the trial which is

already continuing against some of the co-accused persons that she

was present along with her deceased son at the time of the

occurrence. On the basis of the aforesaid statement given by the

informant, learned counsel for the petitioner submits that the court

could not have taken into account the statement of the brother who

alleges that the petitioner was with the deceased at the time of the

occurrence.

These aspects of the matter cannot be considered at

this stage.

I, thus, find no merit in this application. It is

accordingly dismissed.

The petitioner would be at liberty to raise these points

at the appropriate stage of the trial.

          haque                                                      ( Sheema Ali Khan, J.)