IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20069 of 2008 MD.REJAUR RAHMAN @ RAJA Versus THE STATE OF BIHAR ----------- 2 26.04.2011 Heard learned counsels for the petitioner and the State. Petitioner assails the order dated 10th April, 2008 whereby cognizance of the offence under sections 341, 323, 384, 379/34 of the Indian Penal Code and section 3(X) of the SC/ST (Prevention of Atrocities) Act has been taken in connection with Sitamarhi P.S. Case No. 467 of 2007. It is submitted on behalf of the petitioner that during investigation no material was found against the petitioner, however, the learned Magistrate differed with the same and took cognizance of the offence. Learned counsel for the State submits that while taking cognizance the Court below has taken into consideration the materials available in the case diary. Considering the submissions of the parties and on perusal of the impugned order, I find that the Court below has taken cognizance taking into consideration the materials available on record, and as such, I do not find any error in the impugned order. The application accordingly stands dismissed. However, it will be open for the petitioner to raise all his rights and contentions available to him under the law at the appropriate stage in the case if the case is still pending. Manish/- ( Shailesh Kumar Sinha,J.)