IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40944 OF 2009 KANHAIYA SAH, SON OF LATE KHUDI SAH, RESIDENT OF VILLAGE BHASURARI, POLICE STATION SHIKARPUR, DISTRICT WEST CHAMPARAN VERSUS THE STATE OF BIHAR ******* 2 08/03/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. Learned Counsel for the petitioner submits that the present case is an outcome of a case filed earlier by the petitioner’s sister under Section 376, 323 and 379 of the Indian Penal Code in which charge sheet has been submitted and cognizance has been taken. He further submits that it is a malicious prosecution. Considering all aspects of the matter, I do not think it proper for this Court to interfere with the order dated 04.09.2009 passed by the 1st Additional Sessions Judge, Bettiah in Sessions Trial No. 348 of 2009. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)