IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35910 of 2002 ANWAR KHAN Versus STATE OF BIHAR with Cr.Misc. No.34063 of 2002 AZIZUR RAHMAN @ SHIVALI Versus STATE OF BIHAR For the petitioners : Shri B.N.Mishra, Advocate For the State: Dr. Mritunjaya Kr.Gautam, A.P.P. ----------- 7. 3.9.2010 After having heard counsel for the parties and perused the contents of the complaint petition as also the statements of the witnesses, copies of which have been placed on the two petitions, the Court finds that the order summoning the accused including the petitioners in the two petitions could not be said to be bad so as to quashing the same. The two petitions are dismissed.. However, it was pointed out that the boy has returned. As such, it could be a appoint to be decided by the court which hears the case at the time of framing of the charge as to whether there could be a case under Section 364 or 365 of the Indian Penal Code. That liberty is given to the petitioners for raising the issue. Kanth ( Dharnidhar Jha, J.)