IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32617 of 2008 1. Bindeshwari Sah, Son of Dadhu Sah, Resident of Village Pathkhauli, PO Laxmipur, PS Sanichari, District West Champaran. 2. Dhaneshwar Prasad, Son of Bindeshwari Sah, Resident of Village Pathkhauli, PO Laxmipur, PS Sanichari, District West Champaran. 3. Mishri Sah, Son of Dadhu Sah, Resident of Village Pathkhauli, P.O. Laxmipur, PS Sanichari, District West Champaran. 4. Bharat Prasad, Son of Bindeshwari Sah, Resident of Village Pathkhauli, P.O. Laxmipur, PS Sanichari, District West Champaran. 5. Sachidanand Upadhyay, Son of Sri Madari Upadhyay @ Sidheshwar Upadhyay, Resident of Village Pakrihar, PS Sanichari, District West Champaran. ------ Petitioners Versus 1. The State Of Bihar. 2. Nakched Ram, Son of Late Baccha Ram, Resident of Pathkhauli, PS Sanichari, District West Champaran. ----- Opposite Parties. ----------- 2 30.6.2011 The petitioners are aggrieved by the order dated 24.12.2004 passed in Complaint Case No. 707 of 2000 (Trial No. 1299 of 2006) by the Judicial Magistrate, Bettiah. Learned counsel for the petitioners submits that there is a counter case and a Title Suit also is going on with respect to the land and as such the allegation that the petitioners had stolen jackfruit from the garden of the complainant seems to be unwarranted. This Court notices that besides the Title Suit, there are also several criminal cases pending between the parties. These facts however, cannot be considered at the stage of cognizance. The grounds raised may be raised at the appropriate stage during the trial. This application is accordingly, dismissed. Sanjay ( Sheema Ali Khan, J.)