IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10362 of 2008 1. TIKO SINGH, S/O. JOGI SINGH. 2. AWADHI SINGH, S/O. LATE ANUPLAL SINGH. 3. JOGI SINGH, S/O. LATE ANUPLAL SINGH. 4. SALO SINGH, S/O. LATE ANUP LAL SINGH. 5. SANJAY SINGH, S/O. AWADHI SINGH. 6. MANTU SINGH, S/O. KAILASH SINGH. 7. HARILAL SINGH, S/O. RAMDEV SINGH. 8. RANJEET SINGH, S/O. RAMDEV SINGH. ALL ARE RESIDNET OF VILLAGE PAKRA BASA, P.S. ALAMNAGAR, DISTRICT – MADHEPURA. ……… PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. BIJENDRA KUMAR, S/O. LATE MANTRI SINGH RESIDENT OF VILLAGE – MOHADDIPUR, P.S. – BELDAUR, DISTRICT – KHAGARIA. ----------- 02/ 19.05.2010 Heard learned counsel for the parties. This is a petition for quashing the order dated 23.01.2008 passed by the Sessions Judge, Madhepura by which he has confirm the order dated 18.06.2007 taking cognizance for offence under Section 302 of the Indian Penal Code against the petitioners. Learned counsel for the petitioners, however, submits that there is allegation about the assault to the deceased but referred para 46 of the CD and submitted that occurrence took in two parts. First assault took place on father of informant 2 and thereafter on Halla the villagers came and then thereof scuffle between the prosecution party and the accused persons. However, in the FIR it is specifically mentioned that there was first proper altercation with regard to the entry of the buffalo in the field, the several persons came and then assault took place. However, at this stage it is not proper to meticulously examine the facts in the case diary of the two versions. The Sessions Judge in his impugned order has specifically mentioned that there are material against the accused persons in the case diary in para 1, 46 and 47 and court is only require to see prima facie case at this stage and hence, I am not inclined to interfere with the impugned order. However, the petitioners are give liberty to raise the point at the stage of the framing of the charge. Accordingly, this petition is dismissed. Kundan (Gopal Prasad, J.)