IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39933 of 2008 1. Nabab Ali, Son of Mohammad Salim 2. Hasina Khatoon, Wife of Mohammad Salim 3. Shchrun Nisha, Daughter of Mohammad Salim 4. Suleman Miyan, Son of late Abdul Gafur 5. Mahzid Miyan, Son of Suleman Miyan 6. Sariyan Bibi, Wife of Mohammad Sultan 7. Mohammad Ali, Son of Mahzid Miyan 8. Zafar Ali, Son of Mohammad Sultan 9. Mohammad Sultan, Son of late Abdul Gafur All residents of Village Murthan, PS Sonepur, Post Parmanandpur, District Saran --Petitioners Versus 1. The State Of Bihar. 2. Babuli Khatoon, Wife of Anwar Hussain, Resident of Village Dudhaila (Parwezabad), PS Sonepur, P.O. Sonepur, District Saran ----- Opposite Parties ----------- 2 26.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the informant. This application has been filed against the order 6.8.2008 refusing to discharge the petitioners for offences committed under Sections 498A and 406 of the Indian Penal Code. It is specifically raised on behalf of the petitioners that Anwar Hussain had divorced his wife two years prior to the institution of the case. It is said that the case has been maliciously instituted as according to Muslim Law and there was already divorce between the parties. The question of divorce can only be raised during the trial of the case. At this stage, prima facie a case is made out against the petitioners and as such, I am not inclined to interfere with the order impugned. This application is dismissed. Sanjay (Sheema Ali Khan, J.)