IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35517 of 2007 MD.BAJUL ANSARI Versus STATE OF BIHAR & ORS ----------- 3 09.11.2009. Heard learned counsel for the parties. The petitioner has challenged order dated 30.5.2007, passed by Additional Sessions Judge cum Fast Track Court No. I, Banka in Sessions trial no. 267/2007, by which he did not find any sufficient material to frame charge for offence under section 329 of the Indian Penal Code and thus transferred the case to the court of the Chief Judicial Magistrate, Banka under section 228(1)(a) of the Cr.P.C. for trial. Learned counsel for the petitioner submits that the accused persons behaved with his mother in most inhumane manner in so much so she was undressed and night soil was poured down her neck. The allegation seems to be very inhumane and shocking. But nevertheless the materials on record do not make out prima facie case under section 329 of the Indian Penal Code. As such, I do not find any illegality in the impugned order dated 30.5.2007, passed in Sessions trial no. 267 of 2007. The instant cr.misc. case is dismissed with direction to the court in seisin of the case to expedite the trial. Shashi. (Samarendra Pratap Singh,J).