IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41366 of 2008 ASHUTOSH KUMAR @ MANTU RAI, son of Sri Sarvanand Rai (Yadav), Mohalla South Mandiri, PS Budha colony, Patna – petitioner. Versus STATE OF BIHAR ----------- 2 17.11.2009 This application has been filed against the order, dated 1.9.2008 passed by F.T.C.II, Patna in S.T. No. 203/2001 by which the petition filed under section 227 of the Code of Criminal Procedure to discharge the petitioner of the offences under sections 302/34 of the Penal Code and 27, Arms Act has been rejected. Learned counsel for the petitioner submits that the informant has changed the version of the occurrence in her statement under section 164 Cr.P.C. and as such grounds are made out for discharge of the petitioner. It is not disputed that the lady has said in the F.I.R. that the petitioner was involved in the occurrence and has not supported this aspect of the matter in the statement under section 164 Cr.P.C. The statement under section 164 Cr.P.C. will have to be tested in a full-fledged trial and this court on this ground cannot discharge the petitioner of the offences aforesaid, specially when the allegation is that the petitioner is said to have fired on the deceased. In the aforesaid facts this court is not inclined to interfere with the impugned order. This application is dismissed. haque (Sheema Ali Khan, J.)