C. N. Tiwary, S. S. Hasan, JJ.

1. This application is directed against an order of the learned Sessions Judge, dated 19-12-1977 contained in annexure 3 to the application by which he dismissed a revision application filed against an order of the Magistrate dated 5-12-1977 contained in annexure 1.

2. The relevant facts are these. At the instance of respondent no.3 police submitted a report to the Sub-divisional Officer, Samastipur for an action under section 107 of the Code of Criminal Procedure (hereinafter referred to as the code, ). On receipt of the police report the Sub-divisional Officer, Samastipur started a proceeding under section 107 of the Code against the petitioners. The petitioners were directed to show cause. Respondent no.3 filed a petition before the learned Magistrate on 29-9-1977 for action under section 116 (3) of the Code against the petitioners. Two witnesses were examined on behalf of respondent no.3. Thereafter the learned Magistrate passed an order under section 116 (3)of the Code on 5-12-1977 directing each of the petitioners to execute a bond of rs.1000 for maintaining peace till the disposal of the proceeding. On 7-12-1977 the petitioners filed an