IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7985 of 2008 1. RAM SEVAK SINGH 'MAURYA', SON OF LATE DALSINGAR SINGH 2. RAMAWATI DEVI, WIFE OF RAM SEVAK SINGH ‘MAURYA’, BOTH RESIDENTS OF VILLAGE SONBARSHA, P.S. CHAINPUR, DISTRICT KAIMUR (BHABHUA). AT PRESENT RESIDENT OF V.I.P. COLONY, WARD NO. 1, BHABHUA, P.S. BHABHUA, DISTRICT KAIMUR. ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. DUDH NATH SINGH KUSHWAHA, SON OF SHRI RAM PRASAD, RESIDENT OF VILLAGE PAHARIA, P.S. BHAGWANPUR, DISTRICT KAIMUR AT BHABHUA. ---- OPPOSITE PARTIES ----------- 2 22.1.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners have challenged the order of cognizance dated 9.10.2007 passed by the Judicial Magistrate, Bhabhua in Complaint Case No. 459 of 2006 and submits that they have been made accused on suspicion. It is also submitted that the actual facts would be available to the Court if the Court called for the investigation report of Mughalsarai Rail PS Case No. 82/2006. In this context this Court observes that if the petitioners file such an application before commencement of the trial, the Court below ought to consider it and pass an appropriate order calling for a report in order to get just decision in this case. I do not find any reason to interfere with the order dated 9.10.2007 passed by the Judicial Magistrate, Bhabhua in Tr. No. 2545/2007 arising out of Complaint Case No. 459 of 2006. This application is dismissed. Sanjay (Sheema Ali Khan, J.)