IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39983 of 2009 Pankaj Kumar @ Pankaj Kumar @ Kanhaiya, son of Kamal Naiyan Prasad Singh, village Gangeya, PS Katra, district Muzaffarpur – petitioner. Vs. 1. The State of Bihar, 2. Ashutosh Kumar, son of Laliteshwar Singh, 3. Laliteshwar Prasad Singh @ Lalan Singh, son of Shyam Kishore Singh, 4. Praveen Kumar, son of Laliteshwar Prasad Singh, all of village Gangeya, PS Katra, district Muzaffarpur – opp. parties. 2 3.2.2010 Heard the parties. The petitioner by order taking cognizance, dated 23.9.2008 passed by the Judicial Magistrate, Ist Class, Muzaffarpur in Complaint Case No. 2695 of 2007. Counsel for the petitioner submits that prior to the filing of the complaint petition, accused no.1 i.e. Manoj Kumar Jha had filed Katra PS Case No. 100/2007 under sections 341, 323, 379 and 504/34 of the Penal code. It is further submitted that there is enmity between the parties and the present case has been field as a counter blast to the earlier case and amounts to malicious prosecution. In the facts of this case there is no illegality in the impugned order as the Judicial Magistrate has come to the conclusion that prima facie, on going through the records and the evidence under sections 200 and 202 of the Cr. P.C. a case appears to have been made out under sections 383 and 386 of the Penal Code. This application is, thus, dismissed. haque (Sheema Ali Khan, J.)