IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.988 of 2009 PRABHA KUMARI W/o Ashok Kumar Ranjan, resident of village Udhober, P.S. Khizersarai, District- Gaya. . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. D.G.P. Bihar, Patna. 3. D.I.G. Magadh Range, Gaya 4. S.P., Gaya 5. S.D.P.O. Neem Chak Bathani Camp, Gaya 6. S.I. Police Khizer Sarai, Gaya 7. Shambhu Kumar Bhardyaj s/o Shiv Nandan Singh 8. Niraj Kumar Bhardyaj son of Shiv Nandan Singh 9. Lal Mohan Singh son of Ankit Nahi Respondent nos. 7 and 8 Udhober and respondent no. 9 at Tora, P.S. Khizersarai, District- Gaya. . . . . . . Respondents. ----------- 2/ 16.08.2010 Heard learned counsel for the petitioner and the State. In the instant writ application, the petitioner is informant is Khijar Sarai P.S. case no. 16 of 2009 dated 15.02.2009 under Sections 376, 380, 506/34 of the Indian Penal Code. She alleged that respondent nos. 7, 8 and 9 committed rape on her. Learned counsel for the petitioner submits that police has investigated the case in a callous manner. He further submits that the police has cited certain persons as witnesses though they were not present at the time of occurrence. He further submits that the petitioner has filed protest-cum-complaint petition. Counsel for the State submits that after investigation police has submitted final report in favour of the accused persons. It will be open for the petitioner to submit before the Chief Judicial Magistrate, Gaya that there are sufficient materials on record to take cognizance against the accused persons or to pursue her complaint- cum-protest petition. This Court has not expressed any opinion on the merit of - 2 - the case. This application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)