IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53612 of 2007 1. NIRANJAN KUMAR @ NIRANJAN SINGH S/O SURYANARAYAN SINGH 2. SANGEETA DEVI D/O SURYA NARAYAN SINGH 3. CHANDAN SINGH SON OF NIRANJAN SINGH 4. GUDIA DEVI D/O NIRANJAN SINGH 5. GUNJAN DEVI W/O BABLU @ BALMUKUND SINGH --- PETITIONERS. Versus 1. STATE OF BIHAR 2. BHUSHAN SINGH S/O RAM NAGINA SINGH -- OPP. PARTY. ----------- 06 07.09.2010 Heard both sides. Petitioners are aggrieved by the order dated 08.11.2007 passed by learned Magistrate whereby cognizance has been taken, differing with the charge sheet/final report, under Section 306 of the Penal Code. Learned counsel for the petitioners submits that there is no legal evidence in support so far as the petitioners are concerned and as such they were not sent up by the Investigating Authority on conclusion of investigation. Learned counsel appearing on behalf of the complainant/opposite party no.2, on the other hand submitted that there is material on record collected in course of investigation which definitely incriminate the petitioners in the alleged offence. I have perused the materials on record including the impugned order. Learned court below has set out reasons for differing with the conclusion arrived at by the Investigating Agency. Considering the scope of the jurisdiction exercised by learned Magistrate. I am not inclined to interfere with the order. The application is dismissed. Sym ( Kishore K. Mandal, J.)