IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.31734 OF 2008 1. PRABHU PRASAD @ PRABHUNATH KUMAR 2. SHAMBHU PRASAD BOTH SONS OF SHRI RAJBALLI PRASAD, RESIDENT OF VILLAGE PAKRI BANGALI, POLICE STATION SIWAN, MUFFASIL, DISTRICT SIWAN VERSUS THE STATE OF BIHAR ****** 2 29/06/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. Learned Counsel for the petitioners submits that the case diary would reveal that the petitioners are not involved in the Siwan (M) Police Station Case No. 174 of 2007. It is submitted that there is not a single line in the case diary indicating that the petitioners were present at the place of occurrence. In fact, it is submitted that a protest petition was filed. The Court below did not proceed with the protest petition, rather differed with the findings of the Investigating Officer and took cognizance for the offences alleged to have been committed under Sections 447, 504/34 & 379 of the Indian Penal Code. This application is dismissed with liberty to raise all these issues at the stage of framing of the charges. The Court below is directed to look into the matter and if there is no materials in the case diary to indicate that the petitioners were not present at the place 2 of occurrence, then appropriate orders may be passed discharging the petitioners in this case. Anand ( Sheema Ali Khan, J. )