IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.29956 OF 2008 1. REWATI RAMAN TIWARI, SON OF GOURANG PD. TIWARI, RESIDENT OF VILLAGE KAMDEOPUR, POLICE STATION AMARPUR, DISTRICT BANKA. AT PRESENT, SECTION – III, QUARTER NO. 167, BOKARO STEEL PLANT, BOKARO 2. DHARMENDRA KUMAR TIWARI @ DAS BABU, SON OF GOURANG PD. TIWARI, RESIDENT OF VILLAGE KAMDEOPUR, POLICE STATION AMARPUR, DISTRICT BANKA. AT PRESENT, RESIDENT OF BHAGAT PARA, POLICE STATION AND DISTRICT PAKUR ………………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. SHYAM SUNDAR PANDEY, SON OF LATE BALDEO NARAYAN PANDEY, RESIDENT OF VILLAGE FULWARIYA TOLA JAMIN, POLICE STATION JAGDISHPUR, DISTRICT BHAGALPUR ………………………………………………………………………OPPOSITE PARTIES ********* 2 23/06/2011 Heard Counsel for the petitioner and Mr. Gauri Shankar Gupta, A.P.P. appearing on behalf of the State. The petitioners are aggrieved by the order dated 23.07.2007 passed in Amarpur Police Station Case No. 27 of 2003 (G. R. No. 123 of 2003) by which the Chief Judicial Magistrate, Banka has taken cognizance for the offences under Sections 304B/34 of the Indian Penal Code. Counsel for the petitioner submits that both the petitioners are not living at the place where the alleged occurrence took place, rather they are working far away from the place of occurrence at Bokaro and Pakur in the State of Jharkhand, and as such, they are not involved in the alleged occurrence. 2 The question of alibi could only be considered at the stage of trial and as such, I see no reason to interfere with the order impugned. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )