1 IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.32789 OF 2008 1. MUNNA MIAN, SON OF MURTUZA MIAN 2. AJAZ MIAN, SON OF MURTUZA MIAN 3. MURTUZA MIAN, SON OF ALAMAT MIAN 4. SABANA KHATOON, DAUGHTER OF MURTUZA MIAN 5. KARI MIAN, SON OF AZIZ MINA 6. RAZIYA KHATOON, WIFE OF KARI MIAN ALL RESIDENT OF VILLAGE JAGAPAKAR, POLICE STATION HARSIDHI, DISTRICT WEST CHAMPARAN ………………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ****** 2 11/09/2009 Learned Counsel for the petitioners is permitted to make necessary corrections in the date of the order taking cognizance. Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 13.06.2008 by which the Court below has rejected the revision application preferred by the petitioners and also for quashing the order dated 18.07.2006 passed by the Chief Judicial Magistrate, Motihari whereby he has taken cognizance for the offences punishable under Section 304B/34 of the Indian Penal Code. Learned Counsel for the petitioners submits that the Police has submitted final form so far as the petitioners are concerned but the Chief Judicial 2 Magistrate, Motihari deferred with the final form without assigning any reasons. The Revisional Court has discussed in details the reasons for finding that a prima facie case under Section 304B/34 of the Indian Penal Code is made out against all the petitioners and, therefore, this Court is not inclined to interfere with the order of the Revisional Court. Learned Counsel for the petitioners submits that as far as petitioners Kari Mian and Raziya Khatoon are concerned, it appears that they are distantly related and have no direct connection with the family of victim’s husband. In the circumstances, I remand the case of the petitioners Kari Mian and Raziya Khatoon to the Chief Judicial Magistrate, Motihari to see whether there is any direct allegation against these two petitioners in the case diary and by considering whether these two petitioners were part and parcel of the immediate family of Munna Mian and the deceased daughter-in-law. It is also submitted that the petitioner Sahbana Khatoon @ Sabana Khatoon is the unmarried NANAD of the deceased lady. The Court below ought to consider the case of Sabana Khatoon, in reference to the case diary. 3 After considering all the facts and the case diary, the Chief Judicial Magistrate, Motihari will pass a reasoned order either taking cognizance against the aforesaid three persons or deleting their names from the list of accused in the First Information Report. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)