IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21761 of 2010 MUTAN HAZAM, S/o Late Sheo Prasad Hazam, R/o Village-Babhani, P.S.-Buxar (M), District- Buxar. Versus 1. THE STATE OF BIHAR. 2. Chhotelal Tiwari, S/o Late Surya Tiwari. 3. Sita Devi, W/o Ramashankar Tiwari. Both R/o Village-Babhabni, P.S.-Buxar (M), District-Buxar. ----------- 02. 07.03.2011 The petitioner is aggrieved with the order dated 09.02.2009 passed by ADJ, F.T.C.-III, Buxar by which he has disallowed an application under Section 319 Cr.P.C. for summoning additional accused. It has been submitted that the said accused were named in the petition of complaint as having called away the daughter of the complainant and even the witnesses had supported the case of the prosecution during trial despite which the additional accused were not summoned. On the other hand, counsel for the Opposite Parties submits that a vague suspicion had been alleged against the additional accused in the complaint and the police after investigation had submitted the final report in their regard since there was no support of the allegations during investigation. The further submission is that the victim in her statement recorded under Section 164 Cr.P.C. did not support the case of the prosecution and stated that she was living with the boy out of her own sweet-will. Considering the rival submission and that the power under Section 319 Cr.P.C to summon additional accused should be exercised sparingly and only when there is an absolute chance of conviction in the matter, the application is dismissed. Vikash/- (Anjana Prakash, J.)