IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12729 of 2010 LALO DEVI S/O BIKAU SAH R/O VILLAGE NARGA P.S. BELA, DISTT.- SITAMARHI Versus 1. THE STATE OF BIHAR 2. NARAYAN RAI S/O BIJLAL RAI R/O VILLAGE- NARGA P.S. BELA DISTT- SITAMARHI ----------- 2. 10.12.2010 Heard the parties. The petitioner is aggrieved by the order dated 21.12.2009 passed by A.D.J. F.T.C. II, Sitamarhi in Sessions Trial No. 285/04, since no charge under Section 376 I.P.C. simplicitor has been framed against accused Narayan Rai. It has been submitted that even in the First Information Report there was a direct allegation against Narayan Rai of having raped the informant despite which final report was submitted in the matter and he was only summoned under Section 319 Cr.P.C. when the informant gave evidence against him. However, even though Narayan Rai was summoned no charge under Section 376 I.P.C. was framed even though in the facts of the case offence under Section 376 I.P.C. is made out. In view of such, the application is set aside with a direction to the Trial Court to immediate pass afresh order on charge in case the trial is not concluded as yet. With these observations the application is disposed off. Fahad. ( Anjana Prakash, J. )