IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41621 of 2008 1. Ajay Tibrebal @ Ajay Kumar Tibrewal, son of Late Raj Kumar Tiberwal, 2. Sanjay Tribrebal @ Sanjay Kumar Tibrewal, son of Late Raj Kumar Tibrewal, 3. Kiran Devi @ Kiran Devi Tibrewal, wife of Late Raj Kumar Tibrewal, 4. Kabita Tibrebal @ Kabita Tibrebal, wife of Late Binod Tibrewal, all of Mohalla Chunihari Tola, PS Adampur, district Bhagalpur – petitioners. Vs. 1. The State of Bihar, 2. Deepa Tibrewal, wife of Ajay Tibrewal, daughter of Santosh Kumar Jain, resident of Happy Complex, Laberitola, PS Tatarpur, district Bhagalpur, at present at Gangjala Chowk, PS and district Saharsa – opp. parties. 2 4.1.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 14.8.2008 passed by the Subdivisional Judicial Magistrate, Saharsa in Complaint Case No. 1169C/2008. It is first submitted that the petitioner no.1 has filed a divorce suit for divorce on 19.5.2008 in which notices were issued and on receipt of the notice, opp. party no.2 has filed the present case on 22.7.2008. It is stated that the petitioner no.1 is suffering from hemophilia and as such it is not possible for him to travel to Saharsa to pursue this case. The petitioner has also filed a transfer petition to transfer the case to Bhagalpur as both the parties reside at Bhagalpur. I am not inclined to interfere with the order impugned as prima facie a case is made out against the petitioners. This application is dismissed. Naturally, the petition for transfer would be considered on its own merit, by the Court hearing the matter. haque (Sheema Ali Khan, J.)