IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34259 of 2006 1. MD.MAQBUL MIAN 2. Md.Hamid Mian Both sons of Umdu Mian 3. Md.Iqbal Mian Son of Hamid Mian 4. Kairoon W/0-Hamid Mian 5. Bibi Tara Khatoon W/0- Maqbul Mian. All resident of village Islampur Tengaria Noni Hazi Tola P.S.- Barari, District-Katihar ………………… Petitioners Versus 1. STATE OF BIHAR 2. Bibi Nawisa Khatoon D/0-Late Md.Basir Mian, R/0-village Islampur Tengaria, P.s.-Barari, District-Katihar. …………………… Opposite Parties. ----------- 5 27.04.2009 Heard counsel for the petitioners, counsel appearing for the O.P.No.2 and learned A.P.P for the State. The present application is for quashing the earlier order taking cognizance dated 31.3.04 as well as the order dated 26.7.2006 by virtue of which the discharge petition filed on behalf of petitioners have been rejected in Complaint Case No. 206 of 2003. The submission of learned counsel for the petitioners is that much prior to institution of this case the O.P.No.2 had already been divorced. She is already married with somebody else and in that view of the 2 matter the prosecution of these petitioners by way of a complaint is abuse of the process of Court and interference is required in the two impugned orders. Learned counsel representing O.P.No.2 categorically denies that her client is not married a second time and lives with somebody else. It is submitted that this is only a ploy to get out of the rigours of law. This Court is of the opinion based on the rival contentions and submissions these are matters of evidence which can only be established during the course of trial. No case for interference is made out at this stage. With the above observations this quashing application is dismissed. Bibhash (Ajay Kumar Tripathi, J.)