IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31008 of 2008 Surya Narayan Singh, son of Late Mishri Singh, village Murhan, PS Sabaur (Goradih), Dist. Bhagalpur – Petitioner. Vs. 1) The State of Bihar, 2) Savita Devi, wife of Ravi Shankar Paswan @ Gauri Shankar Paswan, village Swarnupachak, PS Sabaur, District Bhagalpur – Opp. Parties. 2 27.6.2011 Heard learned counsel for the parties. The petitioner has challenged the order, dated 25.6.2008 passed by A.D.J., FTC 4, Bhagalpur in S.C. No. 1092/2004 by which the petitioner has been summoned under section 319 of the Code of Criminal Procedure to face trial. The arguments raised on behalf of the petitioner is that there is no material against the petitioner to ask him to face the trial. It is also submitted that after the investigation charge sheet was not submitted against the petitioner. Witnesses have been examined and during the course of the examination, it appears that some of them have stated that the accused persons who were actually responsible for the murder of the deceased had informed this petitioner that the work was done. Learned counsel for the petitioner submits that there is no nexus to show that this petitioner was also involved in the said occurrence or had participated in it. In fact the submission is that there is insufficient material to make out a case even of conspiracy against the present petitioner. In my view all these aspects of the matter have to be 2 examined and considered by the court below after evaluating evidence of the witnesses. This application is, thus, dismissed. haque ( Sheema Ali Khan, J.)