IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1229 of 2005 1. MD.HASHIM, SON OF LATE MD. ISSUF 2. SAFIA KHATOON, WIFE OF MD. HASHIM 3. MD. TANBIR @ MUNNA, SON OF MD. HASHIM ALL RESIDENT OF VILLAGE & P.O. GAUSPUR ISARA, P.S. SADAR HAJIPUR, DISTRICT VAISHALI. ---------------------------------------------------------------------------------------------- PETITIONERS Versus 1. THE STATE OF BIHAR 2. LADLI BANO, DAUGHTER OF MD. KHALIF, RESIDENT OF VILLAGE NUNPUR, P.S. HAJIPUR SADA, DISTRICT VAISHALI. -------------------------------------------------------------------------------------------- OPP. PARTIES ********** For petitioners:- None For the State :- Mr. Bal Mukund Pd. Sahi, Advocate 6 29.11.2010 This application has been filed for quashing the order dated 9.12.2004, passed by the 1st Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 254 of 2004. The discharge application has been filed on the ground that only some of the witnesses who have been examined before framing of charges support the case of the informant/complainant. The Court has refused to discharge the petitioners for offences under Sections 323, 307, 379, 498A of the Indian Penal Code and ¾ of the Dowry Prohibition Act on the ground that it is not essential that all witnesses should support the prosecution version and that this aspect of the matter can only be considered in a full fledged trial. It is further submitted 2 that the parties were divorced and the informant had taken away all her belongings. It is said that the case is absolutely false and fabricated. In case, during trial, the Court comes to the conclusion that the witnesses do not support the case of the informant, it would be open for the Trial Court to consider this aspect. At this stage, this Court cannot interfere with the order impugned. This quashing application is thus, dismissed. Sanjay ( Sheema Ali Khan, J.)