IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23659 of 2008 1. RAMESH SINGH 2. Parmanand Singh 3. Jwala Singh Versus THE STATE OF BIHAR ----------- 2. 1.7.2008 Heard. The petitioner is an accused in a case under Section 365 of the Indian Penal Code. As appears from the rejection order passed by the learned Sessions Judge, initially the case was instituted under Section 364(A) of the Indian Penal Code. The investigation revealed that the allegations were not true and the same were maliciously false and as such the police recommended for taking cognizance of the offences under Sections 182/211 of the Indian Penal Code. The learned Sessions Judge appears crying false on the investigation by making remarks on the conduct of the investigating agency. That could be the reality which could be only seen by the trial court. Considering that the case is under Section 365 of the Indian Penal Code which is triable by a Magistrate of Ist Class and the enmity is admitted in the F.I.R. itself and also that the police found the case false, let the above named three petitioners be directed to be released from custody on their furnishing bonds each of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in Parbatta (Pasraha) P.S.Case No. 155 of 2006, G.R. No. 1389 of 2006. ( Dharnidhar Jha, J.) Kanth