IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15350 of 2011 1. DR. LAXMI PRASAD GUPTA, S/O LATE CHHOTE LAL PRASAD. 2. SHUSHILA DEVI, WIFE OF DR. LAXMI PRASAD GUPTA. 3. AJAY KUMAR GUPTA @ MUNNA PRASAD GUPTA S/O DR. LAXMI PRASAD GUPTA. 4. KIRAN DEVI, WIFE OF AJAY KUMAR GUPTA. 5. YOGENDRA PRASAD SAH @ COUSAM, S/O LATE CHHOTE LAL PRASAD, FATHER IN LAW OF VICTIM. 6. KIRAN DEVI, D/O DR. LAXMI PRASAD GUPTA (NANAD) 7. LEELA DEVI, D/O DR. LAXMI PD. GUPTA (NANAD). ALL R/O VILLAGE GOURIPUR BAZAR, P.S. HARSIDHI, DISTRICT-EAST CHAMPARAN. --PETITIONERS Versus THE STATE OF BIHAR --OPP.PARTY 2 04.05.2011 Heard. This is an application seeking quashing of the order dated 18th January, 2011 passed by learned Additional Sessions Judge – VIII, Motihari in Sessions Trial no. 542 of 2010 refusing the prayer made on behalf of the petitioners under Section 227 of the Code of Criminal Procedure seeking their discharge. It appears that on behalf of the petitioners on 23rd November, 2010 petition was filed seeking the discharge giving minute details of the evidence in case diary basing their prayer but from the order itself it appears that the court below has not considered the 2 materials as pointed out in the application. It is further pointed out that till today no witness has been examined. Considering the facts and circumstances an opportunity of fresh hearing is being given to the petitioners and court below shall pass appropriate order afresh on consideration of the materials available and specifically pointed out by the petitioners in the application filed on their behalf. It is further made clear that in case even one single witness is examined the order shall stand as it is. With the above observations, this application is disposed of. Let this order be communicated through FAX at the cost of the petitioners. AAhmad ( Akhilesh Chandra, J.)