IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8716 of 2009 RUP NARAYAN SAH s/o Udho Sah, resident of village- Pachhiyari Barwa, P.S. Lakhaura, Dist.- East Champaran at Motihari ….Petitioner Versus 1. THE STATE OF BIHAR & 2. Bipat Sah s/o Paspat Sah, resident of village- Shyampur Barwa, P.S.- Sangrampur, Dist- East Champaran …Opposite Parties ----------- 2/ 31.08.2010 Heard the parties. The petitioner is aggrieved by the order of cognizance dated 16.10.2008 passed by the Chief Judicial Magistrate, East Champaran at Motihari, in Mufassil (Lakhaura)P.S. case no. 128 of 2008 under section 304 Indian Penal Code since the First Information Report was instituted under section 302/34 Indian Penal Code, chargesheet was submitted under sections 306/201 Indian Penal Code. In my view, this can be no reason for interference in the order of cognizance. The application is dismissed. JA/- (Anjana Prakash, J.)