IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40006 of 2008 1. Amrendra Thakur, Son of late Prabhash Thakur. 2. Shailendra Thakur, Son of Amrendra Thakur Both are resident of Village Rajpur, PS Behea, District Bhojpur, Ara. 3. Renu Devi, Wife of Ganesh Rai, Daughter of Ram Sigashan Thakur, Resident of Village Rajapur, PS Semari, District Buxar 4. Jitendra Thakur, Son of Ram Sigashan Thakur, Resident of Village Rajpur, PS Behea, District Bhojpur, Ara ----- Petitioners Versus 1. The State Of Bihar. 2. Siyaram Thakur, Son of Dev Muni Thakur, Resident of Village Rajpur, PS Behea, District Bhojpur, Ara. ----- Opposite Parties ----------- 2 25.7.2011 This application has been filed against the order dated 2.7.2008 rejecting the discharge application of the petitioners. Learned counsel for the petitioners points out to this Court that there is a complete non-application of mind while passing the order. The Court has not considered that the petitioner no. 3 (Reni Devi) who is a lady could not have been held responsible for assault. It is submitted on their behalf that even in the First Information Report, prima facie case is not made out against the petitioner no. 3 inasmuch as she has only been shown a member of the mob without making any specific allegation against her. I, therefore, quash the order only as far as petitioner no. 3 is concerned. The Court is directed to pass a fresh order in case of Renu Devi, Wife of Ganesh Rai. Counsel for the petitioners may produce a copy of this order within a period of one month on receipt of a copy of this order in Sessions Trial No. 67 of 1997 before the Second Assistant Sessions Judge, Bhojpur, Ara, who will pass appropriate order within a period of one month from the date of receipt of a copy of this order failing which 2 this application shall stand dismissed. This application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)