Vivek Singh Thakur, J.

Petitioners have assailed issuance of process against them by Judicial Magistrate, Khagaria, Bihar in case No. 86C/10 in complaint filed by respondent No. 4 against them under Section 406 IPC.

2. On service, respondents-State has filed reply whereas complainant-respondent No. 4 has not preferred to be represented in this petition much less to file reply. Reply of respondents-State is formal reply, wherein except admitting filing of complaint by complainant-respondent No. 4, no response to plea of petitioners has been preferred either stating it needed no reply or for want of knowledge.

3. Petitioners have been served with notice (Annexure P-3) issued by Judicial Magistrate for appearing in the said Court. Copy of complaint, served along with notice is also part of Annexure P-3.

4. As per complaint, complainant-respondent No. 4 and his witnesses had worked for petitioners earlier also and therefore, believing them, complainant-respondent No. 4 had provided five masons and six labourers who worked for petitioners w.e.f. 24.4.2009 to 24.8.2009 and agreed rate of daily wage for mason and labourer was Rs.300/- and Rs.150/- respectively and complainant and hi