IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31117 of 2009 1. Md.Sheraj Sah, S/o Late Nezamuddin Sah 2. Ahmad Hussain @ Ahmad Hussain 3. Amzad Hussain, S/o Ahmad Hussain All residents of village Chhanch, P.S. Bodh Gaya, District-Gaya Versus The State of Bihar ---------------------------------- 02. 13.12.2011 Heard Mr. Surendra Kumar Singh, learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 11.12.2008 passed by the Chief Judicial Magistrate, Gaya in Bodh Gaya P.S. Case No. 91 of 2007, whereby the learned Magistrate has been pleased to take cognizance of the offence punishable under Sections 436/34 of the Indian Penal Code against the petitioners. The prosecution case as according to the allegation, in brief, is that while the informant was returning home after relieving himself he saw that some people had set his dwelling house on fire. The petitioners identified these petitioners who after climbing down from the house were running East. It is in these circumstances that the criminal case in question was instituted and the learned Magistrate upon consideration of the materials on record has been pleased to take cognizance of the offence. Considering the circumstances, no interference is called for in the order taking cognizance. The petitioners, if so 2 advised, may raise the issue as raised in the present application at the time of framing of the charges. With the aforesaid observations, this application is disposed of. S.Sb/- (Jyoti Saran, J.)