IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39519 of 2007 BIJAY KUMAR SAH SON OF HARI NARAYAN SAH, R/O MOHALLA- SAHEBGANJ, P.S.- UNIVERSITY, DISTRICT- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. LALIT KISHORE AMBASTHA SON OF LATE MURLI MANOHAR PAL 3. MANOJ KUMAR AMBASTHA SON OF LALIT KISHORE AMBASTHA 4. RAJEEV KUMAR AMBASTHA SON OF LALIT KISHORE AMBASTHA 5. MEENA MABASTHA WIFE OF LALIT KISHORE AMBASTHA 6. SONEE SHRIVASTAVA WIFE OF MANOJ KUMAR AMASTHA ALL RESIDENT OF SAHEBGANJ, P.S.- UNIVERSITY, DISTRICT- BHAGALPUR ----------- 6 19/03/2010 Heard Mr. Bhibuti Pandey, the learned Senior Counsel for the petitioner, learned APP and Mr. Manoj Kumar Jha, learned counsel appearing on behalf of opposite party nos. 2 to 6. The petitioner by filing this application has challenged the order dated 3.7.2000 whereby opposite party nos. 2 to 6 were discharged by the 7th Additional Sessions Judge, Bhagalpur in Sessions Trial No. 429 of 2007/64 of 2007 after considering the statement of the victim girl Sardha Suman recorded under Section 164 of the Cr.P.C. which she has given before the Magistrate. The learned court below also relied upon paragraph 60 of the case diary and it has been found that no materials were available against the opposite party nos. 2 to 6. Learned counsel for the petitioner assailed the order and it has been submitted that at the stage of framing of charge, the court is not required to go deeper into the materials collected in course of investigation and it is only to see as to - 2 - whether a prima facie case is made out or not. At the time of hearing, statement of the victim girl was produced by the learned counsel appearing on behalf of the opposite parties from which it appears that the victim has levelled specific allegation and according to her statement, the opposite party nos.2 to 6 were innocent. Considering the aforesaid fact, no case is made out for interference and the order of discharge is correct. Accordingly, this application is dismissed. avin (Shyam Kishore Sharma, J.)