IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19322 of 2011 Rana Sangram Singh & Anr. Versus The State Of Bihar & Anr ---------------------------------- 2 07.12.2011 Heard learned counsel for the petitioners as well as learned counsel for the State. Petitioners have challenged an order dated 31.03.2010 passed by learned lower court in connection with Complaint Case No.776 of 2008 whereby and where under petitioners have been summoned to face trial for an offence punishable under Sections 341 and 323/34 of the Indian Penal Code. Simple submission on behalf of the petitioners is that instant case has been filed in retaliation. To support the same, F.I.R. of Mohania P.S. Case no.312 of 2007 (Annexure-6) has been filed. It may be a ground for defence which the petitioners may so exercise at an appropriate stage. So far present stage is concerned only prima facie materials has to be seen under the garb of the principle enunciated by the Hon’ble Apex Court reported in AIR 1992 SC 604 State of Hariyana & Ors. Versus Bhajan Lal & Ors. After taking into account the allegation inconsonance with the principles invent by the Hon’ble Apex Court as reported above, I do not see any illegality in the order impugned. Consequent thereupon, petition is rejected. PN (Aditya Kumar Trivedi, J.)