IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21438 of 2010 SABINA KHATOON, W/o Md. Tanvir @ Becho, R/o Village-Nirpur, P.S.-Chautham, Distt.-Khagaria. Versus 1. THE STATE OF BIHAR. 2. Md. Nejam, S/o Late Md. Moji, R/o Village-Nirpur, P.S.-Chautham, Distt.- Khagaria. ----------- 02. 04.03.2011 The petitioner is aggrieved with the order dated 08.12.2009 passed by the Judicial Magistrate, 1st Class, Khagaria by which he has taken cognizance only under Section 354 IPC. He is further aggrieved with the order dated 26.04.2010 passed by the Sessions Judge, Khagaria in Cr. Rev. No. 02 of 2010 by which he has affirmed the said order. It has been submitted that in the facts of the case a clear cut case under Section 376 IPC is made out and, therefore, the Magistrate had committed error in taking cognizance only under Section 354 IPC. The Reivisional Court was right in directing the Trial Court to consider this aspect at the stage of Section 323 Cr.P.C. In view of such, the application is disposed off with the direction to consider as to whether an offence under Section 376 IPC is made out in the facts of the case at the stage of Section 323 Cr.P.C. With these observations, the application is disposed off. Vikash/- (Anjana Prakash, J.)