IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53988 of 2007 1. Bishun Dayal Roy, son of Late Ramdas Roy 2. Manjharo Devi, wife of Bishun Dayal Ray 3. Randhir Ray, son of Bishun Dayal Ray All are resident of village/Mohalla-Ahirpurwa, Police Station-Arrah Town, District-Bhojpur. ……..Petitioners Versus 1. The State Of Bihar 2. Saraswati Devi, daughter of Vishwanath Ray, resident of village- Matukpur, Police Station-Badhra, District-Bhojpur. …….Opposite Parties. ----------- 03. 26.03.2010 The present quashing application has been filed for quashing the order dated 02.08.2007 passed by the learned Sub-Divisional Judicial Magistrate, Arrah in the District of Bhojpur whereby cognizance has been taken under Sections 498A, 323/34 of the Indian Penal Code in Arrah Town P.S. Case No. 160 of 2006. Vide order dated 17.02.2009, this Hon’ble Court directed to find out whether the charges have been framed in the matter or not. It is very fairly submitted by Mr. Nityanand Tiwary, learned counsel appearing on behalf of the petitioners that the charges have been framed and the trial is going on. However he filed a supplementary affidavit to that effect that the informant Saraswati Devi has already marred to one Harendra Rai, son of Late Mohan Rai and certificate to that effect has been issued by the Mukhiya of Badhra Panchayat. It is also submitted that the husband - 2 - has filed complaint case being Complaint Case No. 1002(C) of 2009 which is pending in the Court of Sub-Divisional Judicial Magistrate, Arrah at Bhojpur. In view of the fact that the trial has already proceeded, I am not inclined to interfere in the matter. However all subsequent developments should be brought to the notice of the Trial Court. With these observations and directions, the present quashing applications is dismissed. Shageer (Dinesh Kumar Singh, J)