IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13864 of 2008 1. Amirullah, S/O Late Sahabuddin Ansari. 2. Md. Farid, S/O Late Sahabuddin Ansari. 3. Md. Moin Alam, S/O Late Sahabuddin Ansari. 4. Md. Haleena Khatoon, W/O Md. Moin Alam. 5. Rukada Khatoon, W/O Amirullah. All residents of Village- Mehasu, P.S. Nabinagar, District- Aurangabad(Bihar)………………………………Petitioners. Versus THE STATE OF BIHAR………………………..Opposite Party. ----------- 2. 30.11.10. Heard learned counsels for the petitioners and the State. The petitioners have challenged the order dated 22.02.2008 whereby the cognizance has been taken under Section 304B of the Indian Penal Code. Though the charge sheet was submitted against Gulam Kadir and Khairum Nisha under Section 306 of the Indian Penal Code but the petitioners were not sent up for trial. It is well settled principle that the learned Magistrate can differ with the final form and take cognizance. At this stage, I am not inclined to interfere with the matter. However, liberty is given to the petitioners to raise all their contentions at the time of framing of charges if the charges have already not been framed. With this observation, this application is disposed off. U.K. (Dinesh Kumar Singh,J.)