IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17559 of 2009 NITYA NAND SINGH, SON OF LATE WAKIL SINGH, RESIDENT OF VILLAGE SHAHPUR, P.S. NATHNAGAR, DISTRICT BHAGALPUR. ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. MALA DEVI, WIFE OF LATE ASHOK SINGH, RESIDENT OF VILLAGE SHAHPUR, P.S. NATHNAGAR, DISTRICT BHAGALPUR. ----- OPPOSITE PARTIES ----------- 2 26.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order dated 26.2.2009 passed by the Additional Sessions Judge, Fast Track Court No. I, Bhagalpur by which the application filed under Section 319 of the Code of Criminal Procedure has been allowed. Learned counsel for the petitioner submits that the evidence that has come during the trial is insufficient to convict the petitioner and as such the Court ought not to have allowed the application filed under Section 319 of the Code of Criminal Procedure. It is submitted that P.W. 1 in her evidence has stated that the petitioner Nitya Nand Singh was seen the previous evening along with his licensed gun when her husband had left his house to visit the ‘Bazar’. It is also stated that there is a land dispute between them and therefore, she suspects that Nitya Nand Singh is responsible for murder of her husband. P.W. 4 also supports the evidence of P.W. 1. It is also submitted that merely on suspicion there can be no conviction of the petitioner. The trial is still going on. Learned counsel for the petitioner further submits that only on the basis of suspicion that the petitioner is being asked to face trial. In her (P.W.1) cross examination she has clearly stated that in order to remain in 2 possession of the land, her husband has been murdered. In my opinion this aspect of the matter can only be examined during the trial of the case. In the circumstances, I am not inclined to interfere with the order dated 26.2.2009, specially as there are 5 to 6 witnesses to be examined in this case. This application is thus dismissed. Sanjay (Sheema Ali Khan, J.)