IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36286 of 2008 Kamakhya Narayan Singh @ Arun Singh, son of Late Ram Praman Singh, Resident of Village- Jagatpur, P.S. Krishnagarh, District- Bhojpur. …… Petitioner Versus The State Of Bihar …… Opposite Party. ----------- 2. 14.07.2011. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 26.05.2008. The case was instituted under Section 376 of the Indian Penal Code against the petitioner who happens to be the brother-in-law (Devar) of the complainant. The police investigated the case and submitted final form exonerating the petitioner for the offences. The Court has issued notices to the informant who has appeared and prayed that cognizance may be taken. Learned counsel for the petitioner submits that in fact there is no material in the case diary to support the fact. The entire case has been instituted because of differences between the two brothers and as such no case is made out under Section 376 of the Indian Penal Code. On consideration of the order impugned, this Court comes to the conclusion that the Court has not assigned any reasons for coming to the conclusion that the petitioner is guilty for the offence under Section 376 of the Indian Penal Code. In the result, I quashed the order dated 26.05.2008 and direct the Judicial Magistrate, Ist Class, Ara should pass a fresh 2 order after considering the materials in the case diary. This application is disposed off with the aforesaid observation. Learned counsel for the petitioner is directed to produce a copy of this order within a period of two months before the concerned Court, failing which this application shall stand dismissed. Md. Ibrarul (Sheema Ali Khan ,J.)