IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28093 of 2005 1. SUSHIL SINGH , S/o of late Haribansh Narayan Singh 2. Saurabh Singh @ Tinku, S/o Sushil Singh Both residents of Yarpur, Rajputana, P.S. Gardanibagh, District Patna. …….. Petitioners Versus 1. STATE OF BIHAR 2. Bishwanath Singh, Son of Late Nand Kumar Singh, R/o Yarpur, Rajputana, P.S. Gardanibagh, District – Patna …… Opp. Parties. ----------- For the petitioners : Mr. Atul Chandra, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. For O.P. No. 2 : None ----------- 6 17.3.2009 By this application the two petitioners who were the members of the second party in a proceeding under section 107 Cr.P.C. being case no. 339(M) of 2005 have prayed for the quashing of order dated 9.5.2005 passed by the learned Sub Divisional Magistrate, (Sadar) Patna, whereby he has directed for issuance of notice to show cause why they be not directed to execute a bond of Rs. 5000/- each. It has been submitted fairly by the learned counsel for the petitioners that this application has become infructuous both by reason of the proceeding under section 107 Cr.P.C. having automatically terminated by efflux of statutory period and also by reason of petitioner no. 1 Sushil Singh having expired and petitioner no. 2 having established good relationship with O.P. No. 2 as a result whereof good relations and comelier has been restored. In view of the submissions advanced by the learned counsel for the petitioners this application is dismissed as having become infructuous. Spd/- (Abhijit Sinha, J.)