IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13795 of 2010 KALAWATI DEVI W/O RAM ASHISH PATHAK R/O VILLAGE- BHAWADIH, POST OFFICE AKHTIYARPUR, P.S.- KARGAHAR, DISTRICT- ROHTAS (SASARAM) ……………… Petitioner Versus 1. THE STATE OF BIHAR 2. KRISHNA MURARI PATHAK, S/O LATE RAM BADAN PATHAK 3. MUNA PANDEY S/O KESHWAR PANDEY 4. NAWAL KISHOR PATHAK S/O JANARDAN PATHAK ALL R/O VILLAGE- BHAWADIH POST OFFICE- AKHTIYARPUR, P.S.- KARGAHAR, DISTRICT- ROHTAS (SASARAM) ……………….Opposite Parties ----------- 2. 14.12.2010 Heard the parties. The petitioner has sought quashing of the order dated 22.12.2009 passed by Additional Sessions Judge, (F.T.C.III) Rohtas at Sasaram in Criminal Revision No. 62 of 2009, by which he has affirmed the order dated 29.1.2009 by Judicial Magistrate Ist Class, Sasaram in Kargahar (Simri) P.S. Case No. 59 of 2007, by which he has taken cognizance only under Section 354 I.P.C. and not under Section 376 I.P.C. The learned counsel for the petitioner by drawing attention of the court to the narrative of the complaint as well as the solemn affirmation points out that a clear case under Section 376 of I.P.C. would be made out in the facts of the case and, therefore, the court below were unjustified in not taking cognizance under Section 376 I.P.C. for this reason. The matter is remitted to the court below to freshly consider this aspect and pass necessary orders. With these observations the application is disposed off. Fahad. ( Anjana Prakash, J. )