IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30932 of 2008 Jagdish Singh, Son of Late Jai Choudhur, Resident of Village Ghanghri, P.S. Chakia, District East Champaran at Motihari ----- Petitioner Versus The State Of Bihar ----- Opposite Party ----------- 4 28.6.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 22.2.2006 passed in Sessions Trial No. 374 of 1998 arising out of Chakia P.S. Case No. 19 of 1998 by which the Additional Sessions Judge, Fast Track Court No. I, East Champaran at Motihari has rejected the application filed under Section 319 of the Code of Criminal Procedure to issue summon to one Shanti Devi, Wife of Gagandeo Chaudhur who had figured as accused no. 13 in the First Information Report. Learned counsel for the petitioner submits that it has wrongly been mentioned that Shanti Devi is the wife of Subh Narayan Chaudhur. Subh Narayan Chaudhur is actually her son. She is said to be the wife of Gagandeo Chaudhur. From the impugned order, it would appear that the Court had earlier ordered for an enquiry on 13.3.2001. However, nothing came on it and after a lapse of five to six years this petition has again been filed. The question as to whether person should be summoned under Section 319 of the Code of Criminal Procedure has to be to the satisfaction of the court and in accordance with the evidence which comes during the trial of the 2 case. I, therefore, find that there is no illegality in the order impugned. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)