IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33880 of 2008 1) Md. Hussain, son of Abdul Hafiz Ansari alias Ameen, Mohalla Dakshin Maheshwari, Ward No. 13, PS Jogbani, Dist. Araria. 2) Md. Furkan, son of Late Kasim Mian, Mohalla Lohia Tola, PS Jogbani, Dist. Araria. 3) Md. Rasid, son of Belayat, Mohalla Hajiganj, Ps Jogbani, Dist. Araria – Petitioners. Vs 1) The State of Bihar, 2) Officer Incharge, Jogbani P.S. 3) Kalimuddin, son of Chhedu Mian, Mohalla Dakshin Maheshwari, Ward No.13, Jogbani, Dist. Araria – Opp. Parties. 2 8.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by order, dated 10.3.2008 passed by the Chief Judicial Magistrate, Araria in Jogbani PS Case No. 49/2004 by which cognizance for the offences alleged to have been committed under sections 364, 365 and 363 of the Penal Code. Learned counsel for the petitioners submits that the petitioners are the neighbors of the informant and there is a land dispute between them for which mutation appeal is also pending. The informant wants the petitioners to transfer the lands in his favour and, therefore, has filed this false and fabricated case. It is also submitted that after recovery of the boy, his statement under section 164 Cr. P. C. was not recorded which would have indicated the true picture. In other words it is submitted that the entire case is malicious and motivated. These aspects of the matter may be raised and argued at the appropriate stage of the case. This court finds no reason to interfere with the impugned order. This application is dismissed. haque ( Sheema Ali Khan, J.)