IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8895 of 2010 1. Vishwanath Singh @ Nathuni Singh @ Biswanath Singh, Son of late Vasu Deo Singh. 2. Ranjana @ Archana Kumari @ Kumari Ranjana, Daughter of Vishwanath Singh @ Nathuni Singh @ Bishwanath Singh. Both residents of Village Gaighat, Police Station Brahampur, District Buxar. ------ Petitioners Versus 1. The State Of Bihar. 2. Ram Bachan Singh, Son of late Suba Singh, Resident of Village Newari, P.O. Tar, P.S. Agion Bazar (Piro), Dist. Bhojpur. ------- Opposite Parties ----------- 2 31.03.2010 Heard learned counsel for the petitioners and counsel for the State. The petitioners are aggrieved by the order dated 5.1.2010 framing charge against them for offence under Sections 304(B) & 201 of the Indian Penal Code. Counsel for the petitioner submits that the police in course of investigation had submitted charge-sheet only against four other accused and had not sent the two petitioners for trial but even then the sessions judge has gone to frame the charge against the petitioners. Learned counsel for the petitioners, however, is not in a position to inform this Court as to what orders were passed on the charge-sheet showing complicity of the four persons and the petitioners not being sent up 2 for trial. Counsel is also not aware as to why the trial was segregated and how the petitioners came in the zone of trial. All these unanswered queries therefore would put a question mark on the aforesaid submission of the counsel of the petitioners. Therefore, all that this Court can do is to remit the matter back to the sessions judge who would now examine the plea of the petitioners as is being raised in this application and pass a fresh order in accordance with law. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)