IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8049 of 2008 1. MALTI DEVI, WIFE OF RAMJI SINGH, RESIDENT OF VILLAGE HUSENPUR, P.S. KHAIRA, DISTRICT SARAN(CHAPRA). 2. ARVIND KUMAR SINGH, SON OF RAMJI SINGH, RESIDENT OF VILLAGE HUSENPUR, P.S. KHAIRA, DISTRICT SARAN (CHAPRA). 3. ASHOK SINGH, SON OF SUKHDEO SINGH, RESIDENT OF VILLAGE HUSENPUR, P.S. KHAIRA, DISTRICT SARAN (CHAPRA). 4. PRASHANT SINGH, SON OF LATE HARI SHANKAR SINGH, RESIDENT OF VILLAGE MAIKI, P.S. GARKHA, DISTRICT SARAN (CHAPRA). ---- PETITIONERS Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 22.1.2010 Learned counsel for the petitioners challenged the orders of cognizance dated 26.10.2007/29.10.2007, passed by the Chief Judicial Magistrate in Khaira P.S. Case No. 189/2006, G.R. No. 2030/2006 on the ground that no offence under Section 366 A is made out. At the most, it would be an offence under Section 340 or 365 of the Indian Penal Code. I accordingly quash the order of cognizance dated 26.10.2007/29.10.2007, passed by the Chief Judicial Magistrate in Khaira P.S. Case No. 189/2006, G.R. No. 2030/2006 and remit the matter back to the Court of the Judicial Magistrate, 1st Class, Saran at Chapra for reconsideration in the light of the observations, statements under Section 164 of the Code of Criminal Procedure and material that has come in the case diary. This application is allowed. Sanjay (Sheema Ali Khan, J.)