IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8035 of 2008 KALPANA KUMARI, DAUGHTER OF LATE LAXMAN PRASAD CHOUDHARY RESIDENT OF VILLAGE SAHAR AVAGILA, P.S. SAHAR, DISTRICT ARRA, PRESENTLY RESIDING AT THE HOUSE OF BASUDEO PRASAD IIND FLOOR, NEAR RASHMI RATHI GAS GODOWN, HANUMANNAGAR, P.S. KANKARBAGH, DISTRICT PATNA---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. KAMLENDRA KUMAR ALIAS SANTOSH SON OF RAM CHANDRA CHOUDHARY, RESIDENT OF VILLAGE KURZI BALUPAR, NEAR ARK HOME AND MOUNT EVEREST SCHOOL, FRONT LANE TO THE MAA LAXMI ELECTRICAL, P.S. DIGHA, DISTRICT PATNA---OPP. PARTIES. ----------- 10. 16.09.2009. Present application has been filed to cancel the bail in the event of arrest allowed to opposite party no.2 under order dated 25.1.2008 passed by the Sessions Judge, Patna in Anticipatory Bail Petition No. 359 of 2007. Learned counsel for the petitioner states that the bail allowed to opposite party no.2 under order dated 25.1.2008 may not be cancelled but petitioner be allowed liberty to submit before the court below that the offence under Section 376 as also the other allied Sections of the Penal Code are made out against opposite party no.2 and the case is fit to be tried by the court of sessions and the learned Chief Judicial Magistrate, Patna should exercise his powers under Section 323 Cr.P.C. Let the petitioner file application with reference to the provisions contained in Section 323 Cr.P.C. praying inter alia to commit the case(Complaint Case No. 1993(C) of 2006) to the court of Sessions for being tried for the offence under Section 376 and other allied Sections of the Penal Code, which should be considered by the learned Chief Judicial Magistrate, Patna in accordance with law. This application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)