IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1305 of 2008 BIRENDRA PRASAD SINGH Versus THE STATE OF BIHAR ----------- 2. 1.5.2008 This application under Section 482 Cr.P.C. has been filed for quashing of the order dated 10.12.2007 passed by Sri Pradeep Kumar Neogry, A.D.J., F.T.C.-1, Sheohar at Sitamarhi in S. T. No. 564 of 2007 thereby petition filed under Section 227 Cr.P.C. has been rejected. Heard the learned counsel for the petitioner. The submission of the learned counsel for the petitioner is that section 376/511 Cr.P.C. is not applicable against this petitioner as he was not found present at the place of occurrence. Role of the petitioner came subsequently after commission of the alleged occurrence of attempt for committing rape by other accused persons. It is further submitted that the allegation as detailed in the fardbeyan against this petitioner can only come under Section 504 I.P.C.. Therefore, the order passed by court below with regard to framing of the charge under Section 376/511 I.P.C against this petitioner is not sustainable in the eyes of law. However, learned counsel for the petitioner concedes that the trial of this case shall be held by the Sessions Judge along with other accused persons against whom there is allegation of 376/511 I.P.C. Under the facts and circumstances of this case as well as allegation mentioned in the fardbeyan, I am of the view that the court below has rightly rejected the prayer of discharge of the petitioner. - 2 - Accordingly, this application is, hereby, rejected. However, it is made clear that at the time of framing of the charge court below shall take into account the allegation made in the FIR against this petitioner. kanchan (Ghanshyam Prasad, J.)