IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21663 of 2010 Most.Kiran Rathor Versus The State of Bihar & Ors. ----------- 3. 28.7.2011 Heard learned counsel for the petitioner and the State. The petitioner, an informant of the case, has assailed the order dated 20th of February, 2010 passed on a petition filed by the State in the court below in Sessions Trial No.995 of 2009 praying therein to issue summons against the person named in the petition dated 9th of February, 2010 filed under section 319 of the Code of Criminal Procedure Code (hereinafter referred to as `the Code’). The said petition was filed with the prayer that the statements/evidences of the prosecution witnesses indicate prima facie involvement of the persons named in the petition and as such, the court may issue summons against those persons under section 319 of the Code. On perusal of the impugned order it appears that while considering the above petition, the court below after going through the evidence of the aforesaid prosecution witnesses, namely, Pradip Singh Chauhan, Kiran Singh Rathaur and Sanjay Singh and on considering their evidences, was of the view that no prima facie case whatsoever is made out against those persons of committing the offence in question against whom summons under section 319 of the Code, as prayed for, could be issued. It is well settled in law that the summons to be issued under section 319 of the Code could be issued only when it appears - 2 - from the evidence that the person not accused from before has committed the offence and could be tried together with accused under trial. It appears that the court has considered the evidence of those prosecution witnesses, referred to above, and was of the view that there is no valid reason for summoning the persons named in the petition under section 319 of the Code. Having considered the submissions and on perusal of the impugned order, I do not find any error in the impugned order. The application is, accordingly, dismissed. PNM (Shailesh Kumar Sinha, J.)