IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39817 of 2009 BIBI NAGMA KHATOON @ NAGMA KHATOON & ORS . Versus THE STATE OF BIHAR & ANR . ----------- 3/ 08/04/2010 Heard learned counsel for the petitioner and learned counsel for the State as also for the O.P. No.2. Considering an application for discharge it is apparent from the last paragraph of the order that the court was swayed by the earlier cognizance. The requirements of law questioning an order of cognizance and seeking discharge are fundamentally different. To that extent the application rejecting the prayer for discharge is non-reasoned making it arbitrary. The principles for a discharge application are well settled. The order dated 22.6.2009 is set aside and the matter is remanded to the court of the Judicial Magistrate, 1st Class, Katihar to pass an appropriate reasoned and speaking order in accordance with law on the application for discharge. The application is allowed. KC/ ( Navin Sinha, J.)