IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27812 of 2008 HASANTARA KHATOON W/O KHALIL ANSARI R/O VILLAGE: SATGARAHI, P.S.- GOPALPUR, DISTRICT- WEST CHAMPARAN ………….Petitioner Versus 1. THE STATE OF BIHAR 2. RANG LAL YADAV S/O LATE PRAYAG YADAV R/O VILLAGE SATGARAHI, P.S.- GOPALPUR, DISTRICT- WEST CHAMPARAN …………..Opposite Parties ----------- 2. 20.05.2011 Heard the parties. The petitioner has sought quashing of the order dated 10.04.2008 passed by Judicial Magistrate, West Champaran, at Bettiah in Complaint Case No. 1378-C/07, by which the Magistrate has taken cognizance only under Sections 354 and 448 I.P.C. even though a case under Section 376 I.P.C. is made out. The learned court below is directed to consider this aspect at the appropriate stage as to whether an offence under Section 376 I.P.C. is made out in the facts of the case and pass orders in this regard. With these observations, the application is disposed off. Fahad. (Anjana Prakash, J.)