IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39955 of 2009 RINA KUMARI, daughter of Akhileshwar Das, village Hasanpur Bazar, Ps Hasanpur, district Samastipur – petitioner. Versus THE STATE OF BIHAR ----------- 2 25.1.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 20.8.2009 passed by the Assistant Sessions Judge, Rosera in S.T. No. 704/2008, arising out of Hasanpur PS Case No. 149/2006 by which the petitioner filed under section 227 of the Code of Criminal Procedure has been rejected. Learned counsel for the petitioner submits that ten witnesses have been examined and none of them has stated that the petitioner was present at the place of occurrence. The court below will peruse the case diary, examine the witnesses who have made statements before the I.O. under section 161 of the Cr.P.C. and determine whether petitioner Rina Kumari is named by the witnesses in the case diary. Another question that has been raised on behalf of the petitioner is that the petitioner is a minor girl. In the circumstances the court ought to have considered this aspect of the matter before passing the order of framing charges. This application is disposed of with the aforesaid observation. It is made clear that the order, dated 20.8.2009 as far as it concerns the petitioner shall remain stayed until the court passes a 2 fresh order in the aforesaid sessions trial with respect to the aforesaid facts mentioned in this order. The court below is also directed to dispose of the discharge petition within a period of two weeks from the date of receipt / production of a copy of this order. Counsel for the petitioner is directed to deposit the cost of Fax for communicating this order to the Assistant Sessions Judge, Rosera in the aforesaid case. haque (Sheema Ali Khan, J.)