IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8781 of 2009 1. MD.SHARFUDDIN, SON OF LATE HAFIZ MIAN 2. NAZRE HASSAN, SON OF MD. NAJRUDDIN 3. NAZIR HUSSAIN, SON OF MD. NAJRUDDIN 4. MD. NAJRUDDIN, SON OF LATE GULELA MIAN ALL RESIDENTS OF VILLAGE AND P.O. FULWARIA, P.S. MAKER, DISTRICT SARAN AT CHAPRA. ----- PETITIONERS Versus 1. THE STATE OF BIHAR 2. JAYMANTI DEVI, WIFE OF LATE PANCHU RAM RESIDENT OF VILLAGE DHANRAJPUR, P.S. SARAIYA, P.O. BAKHRA, DISTRICT MUZAFFARPUR. ----- OPPOSITE PARTIES ----------- 2 27.10.2009 Heard learned Counsel for the petitioners and the counsel appearing on behalf of the State. The allegations in the complaint petition are that some amount of wages was due to the complainant. On demand of the wages, the accused persons allegedly abused and assaulted the complainant. Learned counsel for the petitioners submits that this case is of a civil nature and no offence is made out under Section 406 of the Indian Penal Code. It is submitted that the definition of criminal breach of trust is not attracted in the facts of this case. This Court thinks that as far as cognizance under Section 406 is concerned, the facts do not attract the Section under which the cognizance has been taken. However, as far as the allegation of abuse and offences under Section 323 are concerned, that aspect of the matter will be considered at the time of framing of charge. The Court will also consider that the facts of the case do not envisage that charges should be framed under Section 405 of the Indian Penal Code at the time of framing of charge. This application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, j.)