IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35353 of 2008 SURENDRA SINGH, SON OF LATE SHIV JAY SINGH, RESIDENT OF VILLAGE KUIYAN, P.S. BARAHARA, DISTRICT BHOJPUR. ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 21.1.2010 The petitioner is aggrieved with the order dated 24.1.2007, passed in Trial No. 3323 of 2006 (arising out of Baraha P.S. Case No. 189 of 2009) by the Judicial Magistrate, Ara taking cognizance under Sections 341, 323, 324, 504, 507, 379/34 of the Indian Penal Code. Learned counsel for the petitioner submits that he has made accused only on the basis of heresay evidence of the witness. The Court below has to judge whether there is prima facie case against the petitioner or not. The Court has passed the reasoned order after going through the case diary and has found that there is prima facie evidence against the petitioner and has therefore, taken cognizance. I see no illegality with the order impugned. This application is dismissed. Sanjay (Sheema Ali Khan, J.)