IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37955 of 2011 Ambika Singh & Ors. Versus The State Of Bihar & Anr ---------------------------------- 2/ 08/12/2011 Heard learned counsel for the petitioner and learned Additional P.P. for the State. Petitioners, who have been summoned to face trial for an offence punishable under Sections 302,324,34 of the IPC by the learned CJM, Banka vide order dated 9.3.2011, have challenged the order impugned on three counts. (a) no specific allegations have been alleged against them, (b) actually deceased was done to death by the prosecution party themselves in the background of love affair as well as illicit relationship in between deceased, Ranjeet Kumar Singh with daughter of informant namely, Ranju Kumari and after her death, with Puja Kumari (c) one of the co-accused who was shown as an assailant of Puja Kumari namely, Mithilesh Mandal @ Bablu Mandal has not been sent up for trail. It has further been submitted that they have made representation before the S.P. over which an enquiry was conducted even then the S.P. failed to respond thereupon and a copy thereof has been made Annexure-3. It has further been submitted that Ful Kumari Devi wife of petitioner no.1, Ambika Singh has also filed Cr.W.J.C. No. 214 of 2011 (Annexure-2) 2 before the Hon’ble Court for having proper investigation. In spite of that, the police just after conducting paraphernalia submitted charge-sheet against the petitioner in routine manner and in likewise effect, the learned Chief Judicial Magistrate also took cognizance. On the other hand, leaned APP opposed and submitted that petitioners, Ambika Singh and Jawahar Singh have been shown as order givers while remaining petitioners were also identified as member of mob and therefore, their active complicity in the alleged occurrence is itself evident from the narration of the fardbeyan. Also submitted that submission of final form against one of the accused is no ground to disbelieve the prosecution version that too, for the present purpose whereunder only a prima facie case is to be searched out. Taking into account, the status of petitioners as shown, I do not see any merit in entertaining the instant petition. Consequent thereupon, the same is rejected. perwez (Aditya Kumar Trivedi,J.)