IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7617 of 2010 1. MD. JIYAUDDIN ANSARI @ MD. JAAUDDIN SON OF ILAHI ANSARI 2. KHURSHID ANSARI, SON OF MD. JIYAUDIN ANSARI 3. MD. SUHAIL ANSARI, SON OF JIYAUDDIN ANSARI ALL RESIDENTS OF VILLAGE – CHIKANI, P.S. SURSAND, DISTT. SITAMARHI. Versus 1. THE STATE OF BIHAR 2. SHYAM KISHORE MISHRA, SON OF LATE PRITHVI NATH SINGH, RESIDENT OF VILLAGE AND P.S. SURSAND, DISTT. SITAMARHI. ----------- 2. 29.11.2010 Heard the parties. The petitioners have sought quashing of the order dated 13.1.2010 passed by Sub Divisional Judicial Magistrate, Pupri at Sitamarhi, in G.R. No. 130 of 2007 by which he has refused to discharge the petitioners under Section 384 of the Indian Penal Coe. The learned counsel for the petitioners fairly concedes that other offences are made out but Section 384 of the Indian Penal Code is not made out in the facts of the case. However, on going through the First Information Report, I find enough material to warrant putting them on trial even under Section 384 of the Indian Penal Code. The application is dismissed. S.Ali ( Anjana Prakash, J.)