IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45212 of 2008 Mahangu Yadav & Ors Versus State Of Bihar & Anr. ----------- 2 5.8.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order taking dated 2.9.2008 passed in Case No. 78 Cr.No. 08 / 1354 Tr. 08 by the Judicial Magistrate, 1st Class, Buxar by which cognizance has been taken for the offences under sections 452, 342, 354, 3225, 307, 504/34 of the Penal Code and section 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act. Learned counsel for the petitioners submits that in the facts stated in the complaint petition no case is made out under section 307 of the Penal Code. Infact the whole cases arises out of love affairs between the daughter of petitioner no.5 and the son of the complainant which has led to the filing of this case. It is further submitted that various reports of the Dy. S.P. and other authorities reveal a completely different version of the occurrence. Learned counsel further submits that no case is made out under section 307 of the Penal Code or for that matter under the SC/ST (Prevention of Atrocities) Act. All these aspects of the matter cannot be taken into account at the stage of taking cognizance, where the court has to merely examine whether a prima facie case is made out or not. These aspects should be examined at the time of framing of 2 charges taking into consideration that the manner of occurrence does not disclose any intention to kill. In the circumstances this application is dismissed with liberty to the petitioners to raise these issues at the appropriate stage. haque ( Sheema Ali Khan, J.)