IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4344 of 2011 KANHAIYA KUMAR SON OF LATE LAGAN SAH, RESIDENT OF VILLAGE PAHARI CHAWK PRAWEJA, POLICE STATION SONEPUR, DISTRICT SARAN, BIHAR ….. PETITIONER Versus THE STATE OF BIHAR ----------- 2. 24.2.2011 The petitioner is aggrieved with the order dated 6.10.2010 passed by the Sessions Judge, Chapra in Sessions Trial No.404 of 2010, by which he has refused production of the Mobile phone in which the alleged voice of the victim and the petitioner was recorded. It appears from the order impugned that the trial court has only rejected the application stating that the Mobile talks could not be ascertained without voice test. Since there was some material which suggested that it was a case of love affairs between the boy and the girl, in the interest of justice one opportunity should be given to the petitioner to prove his defence by directing the Investigating Officer to produce the Mobile phones and sending the same for voice test by experts, who shall be duly examined during trial. With these observations, the application is allowed. Let the order be communicated to the court of the Sessions Judge, Chapra in Sessions Trial No.404 of 2010 through fax at the cost of the petitioner. Narendra/ ( Anjana Prakash, J. )