IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16099 of 1998 7 26.3.2010 1. Ajit Singh son of Shiv Prasad Singh, resident of village Bihta, P.S. Bihta, District Patna 2. Arvind Kumar Singh @ Arvind Singh son of Vidyanand Singh, resident of village Raghopur, P.S. Bihta, District Patna .... Petitioners VERSUS The State of Bihar ..... Opp. Party ------- Heard learned counsel for the petitioners and learned counsel for the State. By the impugned order dated 25.4.1998, the learned Sub-Divisional Judicial Magistrate, Danapur has taken cognizance of an offence under Section 376/34 IPC against the petitioners on the basis of chargesheet submitted by the police in Bikram (Rani Talab) PS case no.82/97. Learned counsel for the petitioners submits that there are materials in various paragraphs of the case diary collected by the I.O. which would support the defence of the petitioners that they have been falsely implicated in such a serious case on account of their belonging to a political party. The F.I.R. has been lodged by the alleged victim 2 in which she has named both the petitioners as accused. Even her lone statement before the I.O. supporting the prosecution case could not have been ignored and chargesheet could not have been brushed aside by the court below for the purpose of cognizance. This Court finds no material to interfere with the order taking cognizance in this case. Hence, this application is dismissed. This order shall not prejudice the case of the petitioners and they will be entitled to lead evidence or bring on record all materials in support of their plea that the case is false and actuated by other reasons, at appropriate stage. (Shiva Kirti Singh,J.) sk