IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24273 of 2008 MD.ZAHUR ALAM @ BUULU, SON OF LATE MD. KAMARUDDIN, RESIDENT OF VILLAGE – SABOOTER, P.S. K. NAGAR, DISTT. PURNEA. ----- PETITIONER. Versus 1. THE STATE OF BIHAR 2. BIBI SAJO, WIFE OF MD. NAZIR, RESIDENT OF VILLAGE – SABOOTER, P.S. K. NAGAR, DISTT. PURNEA. ----- OPPOSITE PARTIES. ----------- 2. 03.05.2011 Heard the parties. The petitioner is aggrieved with the order dated 13.5.2008 passed by the Chief Judicial Magistrate, Purnea, by which it has taken cognizance under Section 376/448 of the Indian Penal Code in K. Nagar P.S. Case No. 319 of 2007. It has been submitted that in the First Information Report there is no allegation that the petitioner had committed rape and, therefore, cognizance should not have been taken and also because final report was submitted in the matter. These are matters of detail which can only be adjudicated at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed. S.Ali ( Anjana Prakash, J. )