IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3044 of 2010 ***** 1. Suniti Kumari, wife of Lalan Singh, resident of village- Bariarpur, P.S. Chhatauni, District-East Champaran. 2. Md. Sabir Hussain, son of Late Rasul Mian, resident of village- Dargah Tola Malahi, P.S. Malahi, District-East Champaran. 3. Md. Jamiruddin, son of Late Sabhan, resident of village- Kamrezi Kothi, P.S. Belsar, District-Vaishali. 4. Sajda Khatoon, wife of Md. Jamiruddin, resident of village- Kamrezi Kothi, P.S. Belsar, District-Vaishali. 5. Rupa wife of Md. Sarif, resident of village- Bara Bariarpur, P.S. Chhatauni, District-East Champaran. …. …. Petitioners Versus 1. The State of Bihar. 2. Dr. Harendra Prasad Singh, son of Late Harihar Prasad Singh, resident of Anand Nursing Home, N.J.28, Ahiraulia, P.S. Chakiya, District-East Champaran. …. …. Opposite parties ----------- For the Petitioners : Mr. Pushkar Narain Shahi, Advocate For the State : Dr. Mayanand Jha, A.P.P. ----------- 2. 29.1.2010. The petitioner is grieved by the order dated 13.11.2009 whereby the learned Judicial Magistrate Ist Class, Motihari has taken cognizance against the petitioners under Section 365 of the Indian Penal Code. In course of hearing, this Court has been apprised at the instance of the present petitioners a criminal case under Sections 364/34 of the Indian Penal Code has already been registered and the same is in the stage of trial. - 2 - In view of the aforesaid, it is directed that the case that has been registered against the petitioners Tr. No.2559 of 2009 arising out of Chakia P.S. Case No.110/06 and Sessions Trial arising out of Chakia P.S. Case No.53/06 shall be tried together by the competent Court of Sessions. The learned Magistrate is directed to take steps as per the Code of Criminal Procedure for sending the case to the Court of Sessions forthwith. With the aforesaid direction the application stands disposed of. Pawan/- (Dipak Misra, CJ)