IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34626 of 2010 1. BAIJU SINGH S/o Ganesh Singh, 2. Anil Singh S/o Devendra Singh, 3. Ram Udar Singh S/o Brahwa Singh, 4. Ajay Singh S/o Ram Baleshwar Singh, 5. Binod Singh S/o Ravindra Singh, 6. Uday Singh S/o Chandeshwar Singh, 7. Raju Singh S/o Harihar Singh, 8. Anuj Singh S/o Shambhu Singh, 9. Paras Singh S/o Gopi Singh, 10. Biudu Singh S/o Laxman Singh & 11. Umesh Singh S/o Ram Ekbal Singh All R/o Ganiyari, P.S.-Sakra, District- Muzaffarpur …Petitioners Versus THE STATE OF BIHAR ….OP ----------- 2/ 07.03.2011 Heard the parties. The petitioners are aggrieved with the order dated 30.04.2010 passed by the Additional Sessions Judge-cum-Fast Track Court No. 2, Muzaffarpur, in Sessions Trial No.593 of 2009, by which the application filed under section 227 Cr. P. C. has been disallowed. It has been submitted that from the facts of the case it appears that a “Jhopari” was burnt which was not a dwelling house since subsequently in the First Information Report it has been alleged that the stones have been pelted at their house and, therefore, no offence under section 436 Indian Penal Code is made out. Considering that these are the matters which can only be adjudicated at the appropriate stage of trial, I am not inclined to interfere in the matter. The application is dismissed. JA/- (Anjana Prakash,J.)