IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29490 of 2008 Punam Devi, wife of Late Ramraksha Jha, village Shri Rampur Thutthi, PS Parbatta, District Khagaria – Petitioner. Vs. 1) The State of Bihar, 2) Ramprit Singh @ Ramprit Jha, son of Saryanarayan Singh @ Satya Narayan Jha, village Shri Rampur Thutthi, PS Parbatta, Dist. Khagaria – Opp. Parties. 2 22.6.2011 The petitioner has challenged the order, dated 18.4.2008 passed in Parbatta PS Case No. 68/2004 by which the Additional Sessions Judge, FTC I, Khagaria has dismissed the petition under section 227 of the Cr.P.C. This court does not find that there is any illegality in the order. However, it appears improbable that the petitioner who is lady would also be involved in the occurrence, unless she has a criminal back ground and is a member of a gang. It has been submitted on behalf of the petitioner that the petitioner is an old lady. This court would consider that a lady who is said to be involved in a murder case above the age of sixty years, would normally be unable to keep up physically with the pace of things. This aspect of the matter has not been considered by the court. The court below may assess the age of the lady and also consider the evidence which has come directly against her and pass orders afresh subject to the condition that evidence in this case has not been commenced. In case evidence has commenced, then the court should proceed with the trial of the case.. This application is disposed of with the aforesaid 2 observation. Counsel for the petitioner is directed to deposit the cost of Fax for communicating this order to the court concerned within a week, failing which this application shall stand dismissed without further reference to a bench. haque ( Sheema Ali Khan, J.)