IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46917 of 2007 1. Azmat Hussain Khan. 2. Ashraf Hussain Khan. Both sons of Late Tabarak Hussain Khan, residents of Village- Naina Ghat, P.S. Sadar, District- Darbhanga. -----Petitioners. -Versus- ----------- 1. The State of Bihar. 2. Azmat Hussain Khan Son of Arif Hussain Khan, resident of Village-Naina Ghat, P.S. Sadar, District- Darbhanga. ----Opposite Parties. ----------- 3. 27.01.2009. Heard learned counsel for the petitioners, State as well as for the opposite party no.2. The petitioners are aggrieved by the orders dated 26.5.2006 of the Chief Judicial Magistrate, Darbhanga in C.R. No. 675 of 2005/ Tr. No. 2623 of 2006 arising out of Sadar P.S. Case No. 269 of 2003 under Sections 435/34 of the Penal Code as also the order in Cr. Revision No. 334 of 2006 dated 11.7.2007 refusing to interfere with the order of cognizance. Learned counsel for the petitioners fairly acknowledges that a fire did take place found to be true in the police investigation, confirmed in the protest petition also. It is, however, urged that the petitioners were not involved in the same leading to submission of final form in the police case that they were not involved. From the protest petition he urged that simply suspecting the petitioners does not suffice for subjecting them to trial and there shall have to be grave suspicion. This Court on perusal of the deposition on S.A. of the complainant as also the protest petition finds sufficient materials - 2 - against them of suspicion for the purpose of facing trial. One the factum of fire is admitted, the rest becomes the subject matter for adjudication in trial. The application is dismissed. U.K. (Navin Sinha,J)