IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37918 of 2009 IFTEKHAR ALAM @ IFTEKHAR SON OF MD. YUNUS RESIDENT OF VILLAGE BOCHAGARIH, P.S. BAHADURGANJ, DISTT. KISHANGANJ ----PETITIONER. Versus 1. THE STATE OF BIHAR 2. RAUSHAN ARA DAUGHTER OF MUMTAJ ALAM, RESIDENT OF BOCHAGARHI, P.S. BAHADURGANJ, DISTT. KISHANGANJ. -----OPPOSITE PARTIES. ----------- 2. 30/10/2009 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. Learned counsel for the petitioner submits that Raushan Ara is the informant of this case. Presently, the complaint case was filed and thereafter sent for institution of F.I.R. Referring to Annexure-4, it will appear that charge sheet was submitted in this case. In the charge sheet at column No. 13, eleven witnesses have been named which does not include the name of the informant. In a case under Section 376 I. P.C., in case the informant is alive, the case would largely depend on her examination. Under the facts and circumstances of the case, the order dated 28.11.2008 passed in Bahadurganj P.S. Case No. 11 of 2008 is quashed and remitted back to the Chief Judicial Magistrate, Kishanganj to examine the case diary and pass a fresh order with respect to taking cognizance. This application is disposed of. S.Ali (Sheema Ali Khan, J.)