IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7716 of 2009 1. Vishundeo Rai, son of Tarni Rai, 2. Dasrath Rai, son of Late Sardari Rai, 3. Baldeo Rai, son of late Rekha Rai, 4. Rajendra Rai, son of Lekho Rai, 5. Shyamdeo Rai, son of Late Asho Rai, 6. Shakti Rai, son of Dukhi Rai, 7. Angeshwar Rai, 8. Tarni Rai, both sons of Yaddu Rai, 9. Suresh Rai, son of Pokhan Rai, 10. Manoj Rai, son of Dasrath Rai, 11. Rajesh Rai, son of Late Krishnadev Rai, 12. Ramdeo Rai, son of Late Kanthi Rai, 13. Bhuvneshwar Rai, son of Late Kanthi Rai, 14. Basuki Rai, son of Late Hari Rai, all of village Khariyadas Tilha, PS Chakai, district Jamui – petitioners. Vs. 1. The State of Bihar, 2. Ashish Kumar Rai, son of Sri Jagdish Rai, village Jalkhariya, PS Chakai, district Jamui – opp. parties. 2 12.1.2010 Heard the parties. This application has been filed for quashing the order taking cognizance, dated 13.9.2007 passed in Chakai PS Case No. 30/2007 on the ground that the Chief Judicial Magistrate, Jamui has differed from the police report and took cognizance under sections 307 and 380 of the Penal Code. This aspect of the matter can well be raised at the time of framing of the charge and the petitioners would have the liberty to show to the court that there is no material to support the allegations under sections 307 and 380 of the Penal Code. This application is dismissed with the aforesaid observations. haque (Sheema Ali Khan, J.)