IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5320 of 2009 1. Ganga Bishun Shah, son of Late Sheo Narayan Shah, 2. Gopal Prasad Gupta, 3. Bihari Prasad Gupta, 4. Ramjee Prasad Shah, 5. Kanhaiya Shah, all sons of Ganga Bishun Shah, 6. Swarswati Devi, wife of Ganga Bishun Shah, village Chhotki Sarimpur, PS Buxar (T), Dist. Buxar – petitioners. Vs. 1. The State of Bihar 2. Manorama Devi, resident of Pratap Sagar, PS Dumraon, District Buxar – opp. parties. 2 7.12.2009 Heard learned counsel for the parties. This application has been filed against the order, dated 22.1.2009 passed in Complaint Case No. 585/2003 (Tr. No. 949/2008) by which the Subdivisional Judicial Magistrate, Buxar has refused to discharge the petitioners. Counsel for the petitioners submits that there is a compromise petition on record. However, from the order of the court below it does not appear that opposite party no.2 appeared and was ready to compromise the case. Learned counsel further submits that there are three children out of the wed lock and as such the court ought to have considered these aspects of the matter. None of these facts appear to have been placed or pressed before the court below. If the opposite party no.2-wife, who has filed the case is ready to live with her husband and files any such compromise petition before the charge is framed, the court should consider that the parties have compromised the matter and are living together and pass an order accordingly. However, as far as the present order, dated 22.1.2009 is 2 concerned, the points raised therein stating that the complainant has not been able to prove that she was gifted jewellery by her in-laws, can not be taken under consideration for the purpose of discharging the petitioners. I, thus, find no anomaly in the impugned order. This application is dismissed. haque (Sheema Ali Khan, J.)