(1.) Petitioners have challenged order dated 15.04.2010 passed by SDJM, Masaurhi in connection with Masaurhi RS. Case No. 51 2010 whereby and whereunder petitioners have been summoned to face trial for an offence punishable under Sections 341, 323, 324 and 447/34 of the IPC.
(2.) Gudia Devi filed a written report before O/C, Masaurhi P.S. on 07.02.2010 disclosing therein that on the same date at about 1:30 P.M. while she was sitting over her roof, her neighbour Kiran Devi, her elder daughter Suman Devi, younger daughter, Chunnu Kumari came there and indulged in scuffle on the pretext that as to why she was seeing towards them. During midst thereof her son Dipu Kumar and Laloo Kumar came and joined and further gave knife blow causing injury upon her person. On her alarm, her brother came seeing whom the accused persons began to flee and during said course, Dipu Kumar fell from roof. Laloo Kumar snatched away her chain.
(3.) On the basis of the aforesaid written report Masaurhi P.S. Case No. 51/2010 was registered under Section 341, 323, 379, 324/34 of the IPC and investigation commenced thereupon and after concluding the same, charge-sheet was submitted only against Dipu Kumar and Laloo Kumar under Sections 341, 323, 324, 447/34 of the IPC while petitioners Kiran Devi, Suman Devi and Chunnu Kumari were not sent up for trial. The learned SDJM after going through the case diary summoned all of them, hence arose a cause for filing instant petition.