IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44092 of 2007 1. Raj Kishore Singh S/O Sri Ambika Singh. 2. Murari Chaudhary S/O Late Raj Narayan Chaudhary. 3. Vivek Kumar Singh S/O Nagendra Singh. 4. Pankaj Kumar Singh @ Pankaj Kumar S/O Nagendra Singh. All resident of Village- Haribanshpur, P.S.Bhagwanpur, District- Vaishali……………………………….Petitioners. -Versus- 1. The State of Bihar. 2. Krishna Devi W/O Raju Sah. Resident of Village- Haribanshpur, P.S. Bhagwanpur, District- Vaishali…………………Complainant…..Opposite Parties. ----------- 3. 13.04.2009. The petitioner wants quashing of the order dated 13.8.2007 passed by the court of the Additional District Judge, F.T.C. No. II, Vaishali at Hajipur in Sessions Trial No. 48 of 2001 wherein and whereby the petition filed on behalf of the petitioners for discharge has been rejected. Submission of the learned counsel for the petitioners is that initially after due examination of the complainant and the other witnesses, cognizance has been taken under Sections 323,324 and 354 of the Indian Penal Code. Later on a petition moved which is annexure-3 the same was rejected, according to the petitioners on cryptic ground that all these matters will be considered at the time of discharge. The discharge application filed is with regard to substantive offence under Sections 376/511 of the Indian Penal Code which stands rejected by the impugned order, which is the background to filing of the present case. The court has perused the order in question, the complaint - 2 - as well as the evidence which has been recorded by the Learned Magistrate of four witnesses which has been tendered by learned counsel representing the opposite party no. 2 in the case. The allegation made with regard to the substantive offence of attempt to rape i.e. under Sections 376/511 of the Indian Penal Code is supported by all witnesses who are examined in the complaint as well. No case for interference with the impugned order of discharge is made out. The petition is dismissed. U.K. (Ajay Kumar Tripathi,J)