IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.391 of 2010 1. MD. IMTIAJ, SON OF LATE MD. SANJER 2. SANJIDA KHATOON, WIFE OF LATE MD. SANJER BOTH RESIDENTS OF VILLAGE NAVDIHA, P.S. KHIDERSARAI, DISTRICT GAYA. ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. SMT. AKEELA KHATOON, WIFE OF MD. IMTIAJ, DAUGHTER OF NIJAMUDDIN, RESIDENT OF VILLAGE BADI NAWADIH, P.S. KHIDERSARAI, DISTRICT GAYA AT PRESENT RESIDENT OF VILLAGE BIJOURA, P.S. BHAGWANGANJ, DISTRICT PATNA. ---- OPPOSITE PARTIES ----------- 2 13.5.2010 Learned counsel for the petitioners submits that this case has been filed due to malafide intention. It is submitted that the petitioner no. 1’s sister was married to the complainant’s brother. The complainant’s brother had divorced his sister and thrown her out of the house. During that period, the relationship of the petitioner no. 1 and his wife also became enstrangled and eventually they were divorced about 13 years ago. The petitioner no. 1 thereafter re- married and has three or four children. It is said that after 13 years the present complaint case has been filed by the opposite party. It is further submitted that the allegations in this case are false and fabricated and there is no relationship between the petitioner and opposite party no. 2 as they have not living together since 1995. The trial in this case has commenced and at this stage this Court does not think it proper to interfere with the order of cognizance dated 9.10.2007, passed in Complaint Case No. 196 (C) of 2007 pending before the Sub-divisional Judicial Magistrate, Masaudhi, Patna. This application is dismissed. Sanjay (Sheema Ali Khan, J.)