IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.30421 of 2011 Ravi Kumar Shahi Versus The State Of Bihar ----------- 2 15.09.2011 Petitioner has moved instant petition against an order dated 08.04.2010 whereby and where under the learned lower court failed to accede with the prayer of the petitioner so made under Section 228 of the Cr.P.C. in connection with Sessions Trial No.5/2009 pending before Additional Sessions Judge, FTC-2, Muzaffarpur. It has been contended on behalf of the petitioner that only allegation as per FIR happens to be with regard to snatching of chain from wife of informant, namely, Rakesh Kumar Shahi which, as per submission has been negated during course of investigation and that happens to be reason behind that no charge sheet was submitted for an offence punishable under Section 379 of the I.P.C. So submitted that petitioner’s case should have been bifurcated on account of the fact that no other allegation has been levelled against him. State has opposed. 2 There, happens to be specific allegation that petitioner along with others have come and on trivial issue, the father of petitioner pressed neck of his mother, namely, Asha Devi and the injury, as is evident from the order impugned, supports the allegation. Petitioner, in the present circumstances could not be spared. Taking into account Section 223 of the Cr.P.C. whereupon others are also liable to be charged along with main accused, I do not see it a fit case for entertaining the prayer and is, accordingly, rejected. PN (Aditya Kumar Trivedi, J.)