IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.57479 of 2007 (1) PAWAN MANJHI, SON OF HARIPAL MANJHI. (2) SHANTI DEVI, WIFE OF HARIPAL MANJHI. (3) SUNIL MANJHI @ SUNIL KUMAR MANJHI, SON OF HARIPAL MANJHI, ALL RESIDENTS OF VILLAGE – KHARODIH, P.S. – KOPA, DISTRICT – SARRAN. ……………. PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. SHRI KISHUN MANJHI, SON OF SANTLAL MANJHI, RESIDENT OF VILLAGE – BARIPUR, P.S. – BANIAPUR, DISTRICT – SARAN. ………………. OPP. PARTIES. ----------------- 02 02.04.2010 Heard counsel for the parties. This criminal miscellaneous petition has been filed for quashing the order dated 07.11.2004 / 08.11.2004 passed by the Chief Judicial Magistrate, Chapra in Complaint Case No. C 736 of 2003 (Trial No. 35 of 2007) arising out of a protest filed in Kopa P. S. Case No. 12 of 2002 by which summon to be issued against the petitioner after taking cognizance for offence under Section 304 (B) /34 of the Indian Penal Code. Learned counsel for the petitioners submits that earlier the First Information Report was lodged against the petitioners, however, final form has been submitted in that case and the case proceeded on the protest being taken is complaint the witnesses examined and taking into consideration the protest cum complaint and evidence of the witnesses during inquiry under Sections 200 and 202 of the Cr. P. C summon were ordered to be issued. Learned counsel for the petitioners submits that since earlier in the police case the final form submitted but subsequently cognizance has been taken on the statements of the witnesses during 2 enquiry. However, having regard to the facts and circumstances a cognizance has taken prima facie the offence has found to make out and at this stage the Court cannot meticulously examined the materials. Hence, there is no merit in this petition when there is material against the petitioner during the enquiry and hence, I do not find any merit in this petition. Accordingly, this petition is dismissed. Kundan (Gopal Prasad, J.)