IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34554 of 2010 SARFARAJ AHMAD KHAN S/o Sultan Ahmad Khan, resident of village- Manjhouli, P.S. Vaishali, District-Vaishali at Hajipur …Petitioner Versus 1. THE STATE OF BIHAR & 2. Meena Devi W/o Late Rakesh Kumar, resident of Village- Barhatiyan, P.O.- Manjhouli, P.S.- Vaishali (Belsar OP), District- Vaishali …opposite parties ----------- 2/ 07.03.2011 Heard the parties. The petitioner is aggrieved with the order dated 06.08.2010 passed in Sessions Trial No. 104 of 2010, by the Additional Sessions Judge, 2nd, Vaishali at Hajipur, by which he has rejected the application filed under section 227 Cr. P. C. It has been submitted that there is no specific overt act alleged against the petitioner and, in fact, the petitioner was a student of Management at Pune as also that no independent witness has supported the case of the prosecution and, therefore, the petitioner deserves to be discharged. In my view, these are the factual aspects which can only be gone into at the stage of trial. Finding no merit in the application, the same is dismissed. JA/- (Anjana Prakash,J.)