IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34361 of 2010 RAJENDRA PANDEY S/O LATE RAM PUJAN PANDEY, RESIDENT OF VILLAGE PACHLAKHI, P.S. NEVATAN, DISTRICT SIWAN, PRESENTLY POSTED AS ASSISTANT JAILOR, KATIHAR SUB-JAIL, DISTRICT KATIHAR …. PETITIONER Versus 1. THE STATE OF BIHAR 2. RANJEET KUMAR S/O LATE BHARAT MANDAL, RESIDENT OF DIVISIONAL JAIL CAMPUS, SAMASTIPUR, P.S. SAMASTIPUR (M), DISTRICT SAMASTIPUR ….. OPP. PARTIES ----------- 2. 9.2.2011 The petitioner seeks quashing of the order dated 20.6.2010 passed by the A.D.J., F.T.C. 1st, Samastipur in S.T.No.599 of 2008, by which he has refused to discharge the petitioner in a case instituted u/s.376/511 I.P.C. It has been submitted that from the facts of the case, no offence u/s.376/511 I.P.C. would be made out and at best it would be a case u/s.354 I.P.C. in which the police had submitted the charge sheet. Considering that even at a subsequent stage it is open to the Trial Court to amend the charge u/s.216 Cr.P.C., I am not inclined to entertain the application. The same is dismissed. Narendra/ ( Anjana Prakash, J. )