IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.29731 OF 2008 1. MUNILAL RAI, SON OF LATE BARBALLABH RAI 2. KRISHNAND RAI, SON OF MUNILAL RAI BOTH RESIDENT OF VILLAGE NAYA TOLA, RAHIMPUR, POLICE STATION MUFASSIL, DISTRICT KHAGARIA ……………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR …………………………………………OPPOSITE PARTY ********** 2 22/06/2011 This application has been filed challenging the order dated 31.07.2007 passed in Complaint Case No. 464 of 2007 by which the Chief Judicial Magistrate, Khagaria has taken cognizance for the offences alleged to have been committed under Sections 341, 354 & 307/34 of the Indian Penal Code. The prosecution case, in short, is that the complainant was sitting on his verandah. It is alleged that Muni Lal Rai abused the complainant and asked her to marry Krishnand Rai. It is alleged that he had sprinkled kerosene oil and tried to set her on fire. The case was investigated by the Police and final form was submitted saying that the case was instituted due to land dispute. Learned Counsel for the petitioner submits that the complainant is 60 years of age and she has filed protest petition after three years of the submission of the final form, and as such, the Court below has taken cognizance in this case on the basis of the said protest 2 petition. It is submitted that the very genesis of the occurrence is falsified merely by considering the age of the informant. These aspects of the matter can be raised by the petitioners, if not already raised, at the time of framing of the charges. The Court below will consider the submissions aforesaid and pass appropriate orders in accordance with law. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )