IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35917 of 2008 1. Lachhu Bhar @ Lakshu Bhar S/o Janaki Bhar. 2. Thag Bhar, S/o Jirjodhan Bhar @ Juradodan Bhar. 3. Shesh Nath Bhar, S/o Lachhu Bhar @ Lakshu Bhar. 4. Mohan Bhar, S/o Bandhu Bhar. 5. Prakash Bhar @ Prakash Raj Bhar, S/o Budhai Bhar. All are residents of Village-Muragahawa, Police Station-Dhanaha, District-West Champaran. ……..Petitioners Versus The State Of Bihar ……….Opposite Party ----------- 02 14.07.2011 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are aggrieved by the order taking cognizance under Sections 147, 148, 149, 341, 323 and 354 of the Indian Penal Code. Learned counsel submits that the occurrence took place in a class room. The class teacher, girls students and the other teachers of the school has specifically denied the manner of occurrence at paragraph nos. 6, 7, 8, 9 and 27 of the case diary. The Judicial Magistrate, without pursuing the case diary, has taken cognizance, differing with final form without any cogent reason. I, therefore, quashes the order of cognizance dated 13.03.2007 and remand the matter back to the Chief Judicial Magistrate, Bagaha, who will consider the aforesaid submissions in the case diary and pass an appropriate order. Safik (Sheema Ali Khan, J.)