IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1298 of 2008 Bishwanath Paswan son of Shri Sheochand Paswan r/o vill. Navadih P.S. Nokha ( Baghailla) Dist. Rohtas at Sasaram. -----Petitioner. Versus The State of Bihar ----Opp.Party. ----------- 02 09.07.2010 Petitioner, who is accused facing charge(s) punishable under Sections 376/511 of the Penal Code, is aggrieved by the order dated 10.09.2008, passed by learned Additional Sessions Judge- Ist, Sasaram (Rohtas), in Sessions Trial no. 355 of 2006, whereby his application filed under Section 228 of the Code of Criminal Procedure has been considered and rejected. Said application was filed on the ground that no case under Section 376/511 of the Penal Code is made out against him. The submission of the petitioner was considered by learned Court below in paragraph nos. 6 and 7 of the order which read thus:- “6. From perusal of the case diary, it appears that, the informant in her re-statement and other witnesses supported this fact in their statement under Section 161 Cr. P.C. and specifically said that, the petitioner and others co-accused were dragging the informant towards khalihan with bad intention, when she was going to attend the call of nature and when she raised alarm on which people gathered there then the petitioner and others fled away and started to brick batting from their roof of the house, due to which they sustained injuries. So, prima faciely offence as well as charge under Section 376/511 of the Indian Penal Code is made out along with others section of the Penal Code. 7. It is settled principle that, at this stage, the court has only to see whether prima facie case is made out or not. Court is not to see, whether this case is ended in conviction or there is sufficient material for the conviction of the accused (AIR 1977(SC)-2018, 1999(3) East criminal Cases, 348 (Patna)” 2 Learned counsel for the petitioner is not able to show any illegality and/or impropriety in taking the said view by the learned trial Court. There is no merit in the application. It is, accordingly, dismissed. Sym ( Kishore K. Mandal, J.)