IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.16756 OF 2009 1. HARIBANSH RAI, S0N OF BRIJ NANDAN RAI 2. SUBHASH CHANDRA RAI, S0N OF BRIJ NANDAN RAI 3. RAGHUVANSH RAI, S0N OF BRIJ NANDAN RAI 4. LALPARI DEVI, WIFE OF BRIJ NANDAN RAI 5. RASHANDEO RAI, SON OF MAHESH RAI 6. MAHESH RAI, SON OF JANAK RAI 7. FUDANA DEVI, WIFE OF MAHESH RAI 8. BADRI RAI, SON OF HARDEO RAI ALL RESIDENT OF VILLAGE SAHILA BAIJNATH, POLICE STATION HATHAURI, DISTRICT MUZAFFARPUR ………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. JHAROKHA DEVI, WIFE OF NATHUNI RAI, RESIDENT OF VILLAGE SAHILA BAIJNATH, POLICE STATION HATHAURI, DISTRICT MUZAFFARPUR ………………………………………………………………..OPPOSITE PARTIES ******** 2 13/05/2010 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. Learned Counsel for the petitioners submits that the Court below has taken cognizance for the offences under Sections 147, 323, 342, 379, 448 and 504 of the Indian Penal Code. In the complaint petition, it is mentioned that the accused persons entered into the house, took away some cash and ornaments and also assaulted the husband of the complainant. In the statement on S.A., there is contradiction inasmuch as it is said that there is only exchange of hot words and there is no allegation of theft of either money or ornaments of the complainant. 2 Counsel for the petitioners submits that in view of the statement made on S.A., the complaint petition as far as it concerns the offences under Section 379 of the Indian Penal Code, prima facie no case is made out against the petitioners. The question that Section 379 of the Indian Penal Code is made out or not would be considered at the stage of discharge. While considering this aspect, the Court below will take into consideration that there is a land dispute between the parties. The Court below will also consider that more often the allegation of theft in cases of land dispute is ornamental in nature. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)