IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.34026 of 2008 ====================================================== Dulari Devi, Wife of Late Suresh Rajak, Resident of Village Paspur, PS Muffasil, District Begusarai. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== 2 11-07-2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed against the order dated 4.6.2008, passed by the Additional District Judge, Fast Track Court No. II, Begusarai in Sessions Trial No. 116 of 1998 rejecting the application of the informant to examine her two sons as witnesses. These two witnesses have not been named in the statement under Section 161 of the Code of Criminal Procedure by the informant nor has any other witness disclosed that the sons of the deceased were eye witnesses of the case. It is for the first time in Court that an application has been filed on the basis of the statement made by the informant that these two sons should be examined as eye witnesses in this case. The Court has rejected the claim of the informant on the ground that in fact name of these two alleged witnesses have never been disclosed at any stage of the case and as such they cannot be allowed to give evidence at this belated stage. The order of the Court below is in accordance with law and requires no interference. This application is dismissed. Sanjay (Smt. Sheema Ali Khan, J)