IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.28973 OF 2008 AJAY KUMAR, SON OF LATE DEVAKI PRASAD, RESIDENT OF VILLAGE SIHINTOLA TARAUNI, POLICE STATION HASSUA, DISTRICT NAWADA VERSUS 1. THE STATE OF BIHAR 2. DEVAKI NANDAN PRASAD CHAUHAN, SON OF MATHURA PRASAD CHAUHAN, RESIDENT AT MOHALLA LINEPAR, MIRJAPUR, NEAR SURYA MANDIR, POLICE STATION NAWADA, DISTRICT NAWADA ********* 2 21/06/2011 This application has been filed challenging the order dated 30.04.2002 passed in Complaint Case No. 774 of 2001 by which the Judicial Magistrate, 1st Class, Nawada has issued summons against the petitioner to face trial under Sections 406, 323 and 504 of the Indian Penal Code. The petitioner has also challenged the order dated 14.01.2008 passed in Criminal Revision No. 79 of 2006 by which the Revisional Court has confirmed the order dated 05.04.2006 passed in Complaint Case No. 771 of 201 by which the Judicial Magistrate, 1st Class, Nawada has rejected the discharge application of the petitioner. It has been argued on behalf of the petitioner that the evidence of the four witnesses examined before the Court do not indicate a prima facie case against the petitioner. Both the Courts below, on the other hand, have found that prima facie case is made out on going through the evidence led down by the four prosecution witnesses. 2 In the circumstances, I do not see any reason/ground for interfering with the concurrent findings of the Courts below. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )