ORAL ORDER Learned counsel for the petitioner is permitted to make correction in the first paragraph of the petition. 2. Mr. Chittaranjan Sinha, learned senior counsel appearing on behalf of the petitioner, challenges the order dated 01.09.2006 passed in Rajnagar P.S. Case No.135 of 2005 by the learned Chief Judicial Magistrate, Madhubani, whereby cognizance has been taken under Section 171-B(i) of the Indian Penal Code. 3. The ground for assailing the aforementioned order is that assuming but not admitting the allegation in the first information report to be true, no offence under Section 171-B(i) can be said to have been made out. 4. A first information report was lodged by one Anjani Kumar Singh, alleging that on 30.10.2005, the petitioner, during campaigning for election, had given a shawl from her side to an old woman. This was violative of the model code of conduct, which was operating during the election time. 5. After investigation, charge-sheet was submitted under Section 188 and 171-B(i) of the Indian Penal Code. However, cognizance appears to have been taken only under Section 171-B(i) of the Indian Penal Code. 6. On seeing the first information report and the police report, the case does not appear to be made out under Section 171-B(i), as the allegation of giving a shawl from her side to an old woman cannot be considered to be a bribery, as provided in the aforesaid section. 7. Considering this fact of the matter, the order taking cognizance dated 01.09.2006 passed in Rajnagar P.S. Case No.135 of 2005 by the learned Chief Judicial Magistrate, Madhubani and the resultant criminal prosecution is set aside. 8. The application is allowed.