IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9520 of 2009 SATYENDRA PRASAD SHARMA @ SATYENDRA SHARMA, S/o Sri Shyam Nandan Singh, R/o Village- Amawan, P.S.-Bikram, District- Patna …. Petitioner Versus 1. STATE OF BIHAR 2. Pushpa Devi, S/o Sri Raghunath Sharma, R/o Village- Khadagpur, P.S.-Bihta, District- Patna. …… Opposite Parties. For the petitioner : Mr. Dhananjay Kumar, Advocate. Mr. Sunil Prasad, Advocate. For the State : Mr. Atul Chandra, Addl. P.P. ----------- 2 29-06-2010 Heard both sides. Petitioner seeks to challenge the validity of order dated 4.08.2007 passed by the learned Judicial Magistrate, Ist Class, Danapur in Complaint Case No. 130/06. By the said order, learned Magistrate, on being satisfied that there is prima facie material against the petitioner to proceed against in the case instituted under sections 406,420, 468,120B/34 of the Indian Penal Code, has taken cognizance. Learned counsel for the petitioner submits that there is vague and general allegation against the petitioner that he too connived with the main accused in committing the offence punishable under sections 406, 420, 468,120B/34 of the Indian Penal Code. It is stated that petitioner had re-joined the post office in 2 question in the year 2000. It is next contended that there is inordinate delay in filing the present prosecution. Learned A.P.P., on the other hand, submits that the impugned order does not require any interference as it has been recorded therein that from materials available on record a prima facie case is made out. It is further pointed out that petitioner is being prosecuted for an offence punishable under sections 120B/34 besides other sections of the Indian Penal Code. Conspiracy or connivance will appear in course of trial when witnesses shall be examined Submission of the petitioner that he has been wrongly and/or falsely roped in this case on the strength of general and vague allegation, shall be considered at due stage of the trial. Considering the scope of the jurisdiction exercised by the learned Magistrate, this court is satisfied that the order impugned does not require any interference. There is no merit in this application. It is, accordingly, dismissed. Sujit (Kishore K.Mandal,J)