IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44872 of 2008 Dashrath Ram, son of Late Anik Ram, village Bikkam, PS and District Lakhisarai – Petitioner. Versus State Of Bihar ----------- 2 2.8.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by order, dated 31.7.2008 passed in Lakhisarai PS Case No. 340/2005 by the C.J.M., Lakhisarai by which cognizance has been taken for the offences under sections 302/34 of the Penal Code and 27, Arms Act. Learned counsel for the petitioner submits that the informant of the case has specifically stated in the trial which is already continuing against some of the co-accused persons that she was present along with her deceased son at the time of the occurrence. On the basis of the aforesaid statement given by the informant, learned counsel for the petitioner submits that the court could not have taken into account the statement of the brother who alleges that the petitioner was with the deceased at the time of the occurrence. These aspects of the matter cannot be considered at this stage. I, thus, find no merit in this application. It is accordingly dismissed. The petitioner would be at liberty to raise these points at the appropriate stage of the trial. haque ( Sheema Ali Khan, J.)