IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1453 of 2010 MD.ALAM S/O MUSTAFA DEWAN Versus STATE OF BIHAR ----------- 2. 19.08.2010 The petitioner had initially sought quashing of the First Information Report numbered as Nautan Police Station Case no. 129 of 2009 dated 11.7.2009 but by a supplementary affidavit has modified the prayer of quashing of the order of cognizance taken by the Chief Judicial Magistrate, Bettiah, West Champaran under Section 376 of the I.P.C. The submission of the learned counsel is that the occurrence is supposed to be of 1 o’clock in the day and it does not appear probable that rape would be committed at that time as also the medical opinion does not support the case of the informant. In my view these are not reasons which can be considered at this stage. In view of such, this application is dismissed. Fahad. ( Anjana Prakash, J. )