IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45304 of 2010 1. UDAY NARAYAN SINGH @ UDAY PRATAP SINGH 2. RANA PRATAP SINGH BOTH SONS OF LATE HAWALDAR SINGH 3. TUTUN SINGH 4. SHATRUGHAN KUMAR SINGH BOTH SONS OF UDAY NARAYNA SINGH @ UDAY PRATAP SINGH 5. SHAILENDRA SINGH @ SHAILENDRA KUMAR SINGH S/O RANA PRATAP SINGH, ALL RESIDENT OF VILLAGE UMADHA, P.S. CHAPRA (M), DISTT. SARAN AT CHAPRA, AT PRESENT RESIDING AT VILLAGE MEHARAULI, P.S. DORIGANJ, DISTT. SARAN AT CHAPRA 6. JANARDAN SINGH S/O LATE RAM BACHAN SINGH 7. NIRANJAN SINGH S/O JANARDAN SINGH 8. NARENDRA SINGH @ NARENDRA KUMAR SINGH 9. LAL BABU SINGH @ ARUN KUMAR SINGH BOTH SONS OF MALU SINGH 10. HARENDRA SINGH 11. SATYENDRA SINGH @ MUNNA SINGH 12. RAVI SINGH @ RAVI SHANKAR SINGH, ALL SONS OF TRIBHUWAN SINGH 13. DEO KUMAR SINGH @ JAI KUMAR SINGH 14. NAND KUMAR SINGH BOTH SONS OF LATE SAHADEO SINGH, ALL RESIDENT OF VILLAGE UMADHA, P.S. CHAPRA (M), DISTT. SARAN AT CHAPRA ….. PETITIONERS Versus 1. THE STATE OF BIHAR 2. NAWAL PRASAD S/O LATE MAHABIR PRASAD, R/O VILLAGE UMADHA, P.S. CHAPRA (M), DISTT. SARAN AT CHAPRA … OPP. PARTIES ----------- 2. 9.2.2011 The petitioners are aggrieved with the order dated 18.9.2010 passed in Sessions Trial No.429 of 2010 by the Additional District and Sessions Judge IVth, Saran at Chapra, by which he has disallowed an application u/s.228 Cr.P.C. It has been submitted that from the facts of the case no offence u/ss.376, 511 I.P.C. is made out and at best it would be a case u/s.354 I.P.C. Considering that even subsequently the trial court is always at liberty to amend the charge u/s.216 Cr.P.C. if - 2 - the evidence so warrants, I am not inclined to interfere in the order impugned at this stage. The application is dismissed. Narendra/ ( Anjana Prakash, J. )