IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38334 of 2009 1. Devnath Yadav, 2. Krishna Yadav, 3. Surender Yadav, 4. ragunath Yadav, all sons of Baso Yadav, village Mangar Bigha, PS and District Nawada – petitioners. Vs. 1. The State of Bihar. 2. Devanti Devi, wife of Shiv Balak Yadav, village Mangar Bigha, PS and District Nawada – Opposite parties. 2 16.11.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed against the order, dated 12.10.2009 passed by the Chief Judicial Magistrate, Nawada taking cognizance against the petitioners for the offences under sections 302,307, 326, 323/34 of the Penal Code. Learned counsel for the petitioners submits that charge sheet has been submitted against only one person. However, the court below differed with the police report and took cognizance against all the accused persons. At this stage this court is not inclined to go into the merits of the case. The court has proceeded on the premises that a prima facie case is made out against the accused persons. In the facts aforesaid I find no illegality in the impugned order. This application is dismissed. haque (Sheema Ali Khan, J.)