IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56420 of 2007 1. KAMLESH PRASAD, SON OF SRI KESHO MAHTO 2. SULEKHA DEVI, WIFE OF KAMLESH PRASAD BOTH ARE RESIDENT OF VILLAGE JHAMADIH, P.S. NOOR-SARAI, DISTRICT NALANDA. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY For the petitioner :- Mr. Pramod Kr. Advocate For the opposite party :- Mr. S.K. Bhartee, Advocate For the State :- Mr. Nand Kishore Prasad, A.P.P. ----------- 2 2.4.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the complainant. This application has been filed challenging the order dated 27.11.2007, passed by the Sub-divisional Judicial Magistrate, Nalanda at Bihar Sharif by which cognizance has been taken for offences under Sections 302, 201 and 120 (B) of the Indian Penal Code and summoned the petitioners to face trial. Learned counsel for the petitioners submits that earlier an F.I.R. was instituted and on enquiry final form was submitted finding that the case was of suicide. The final form was accepted and thereafter the case proceeded on the basis of complaint. I do not see any illegality in the order taking cognizance. The question whether the child died due to suicide or it was a planned murder would be examined during the trial of this case. At this stage, this Court cannot interfere with the order impugned. This application is dismissed. Sanjay (Sheema Ali Khan, J.)