IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33331 of 2005 MD.RAFIQUE ALAM & ORS Versus STATE OF BIHAR & ANR ----------- 10. 22.7.2008. Heard learned counsel for the petitioners as also the learned A.P.P. for the State. It appears that notwithstanding several reminders and indulgence to conciliate the matter, the complainant –O.P. No.2 preferred not to appear and participate in the conciliation proceedings and now when the case is listed for admission even her accredited lawyer is absent for the last two days and as such this application is being disposed of. The petitioners are aggrieved by order dated 29.9.2005 passed in Complaint Case No.624(C) of 2005 by the learned Sub Divisional Judicial Magistrate, Kishanganj, whereby he has taken cognizance of the offences under Sections 498-A and 323 I.P.C. The grievance of the petitioners is that on similar set of facts a case has been filed by the same O.P. No.2, who happens to be the wife of petitioner no.1, before the learned Sub Divisional Judicial Magistrate, Islampur, District- North Dinajpur in the State of West Bengal which was earlier in time having been filed on 12.4.2005 and notwithstanding the same the instant complaint has been filed before the learned Sub Divisional Judicial Magistrate, Kishanganj on 15.6.2005 wherein in paragraph-1 of the complaint petition the fact of having filed another case has been mentioned. It has further been submitted that it will appear from perusal of both the complaint - 2 - petitions that the accused as also the witnesses are the same. Since the petitioners are being tried for the same offences in two different courts in two different States, it is hereby directed that the petitioners will appear before the learned Sub Divisional Judicial Magistrate, Kishanganj and point out the facts regarding the complainant pursuing another case before a court in the State of West Bengal and the learned Sub Divisional Judicial Magistrate, Kishanganj on being satisfied as to the bonafides will keep Complaint Case No.624(C) of 2005 before him in abeyance till the disposal of the earlier case pending before the court in West Bengal. Since O.P. No.2, the complainant has preferred not to appear before this Court and for the last two days the learned counsel for O.P. No.2 is also absent, it is expected that no coercive steps shall be taken against the petitioners when they appear before the learned court below. With the aforesaid observations, this application is disposed of. P.S. (Abhijit Sinha,J)