IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9372 of 2010 1. AJMER AHMAD @ AJMER ANSARI, SON OF LATE RAJA MIAN 2. TAJMUL HAQUE, SON OF LATE RAJA MIAN BOTH RESIDENTS OF VILLAGE SISAI TOLA, BHUKHAL TOLA, P.S. BHOREY, DISTT. GOPALGANJ. ------ PETITIONERS. Versus STATE OF BIHAR ----------- 2. 02.12.2010 Heard the parties. The petitioners seek quashing of the order dated 26.3.2009 passed by Chief Judicial Magistrate, Gopalganj, in Bhorey P.S. Case No. 208 of 2008 (G.R. No. 2782 of 2008) by which he has taken cognizance also under Section 307/34 of the Indian Penal Code. It is contended by the petitioner that the case initially was not instituted under Section 307 of the Indian Penal Code nor was charge sheet submitted under Section 307 of the Indian Penal code and, therefore, there was no justification for the Magistrate to take cognizance under Section 307 of the Indian penal code. However, on going through the narrative of the First Information Report, an offence under Section 307 of the Indian Penal Code is made out. In view of such, I see no merit in the application. The application is dismissed. S.Ali ( Anjana Prakash, J.)