IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6426 of 2007 1. UJAGIR YADAV, SON OF LATE DASHARATH YADAV 2. CHAMELI DEVI, WIFE OF UJAGIR YADAV 3. GANGADHAR YADAV, SON OF UJAGIR YADAV ALL RESIDENT OF VILLAGE MANIHARA, P.S. SAKALDIHA, DISTRICT CHANDAULI (U.P.) ---- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. JIUT YADAV, SON OF LATE DUKHI YADAV, RESIDENT OF VILLAGE PATESAR, P.S. CHAND, DISTRICT KAIMUR AT BHABUA. ---- OPPOSITE PARTIES ----------- 12 29.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the complainant. This application has been filed against the order dated 7.8.2006, passed by the Sub-divisional Judicial Magistrate, Bhabua in Complaint Case No. 509 of 2006. Learned counsel for the petitioners submits that the parties do not want to pursue the matter and the case under Section 304-B of the Indian Penal Code had been filed because of misrepresentation of facts to the complainant by persons who were inimically deposed towards the petitioners’ family. The Court below while framing charges will consider the evidence that comes during the pre-charge stage in this case and if the evidence is of such a nature which does not support the case, pass orders in accordance with the evidence that would be adduced in this case. This application is disposed of with the aforesaid observation. Sanjay (Sheema Ali Khan, J.)