IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23960 of 2008 1) Ashish Ranjan Sinha @ Sanjay, 2) Pinku Sinha, both sons of Sri Mohan Prasad, Mohalla Janta Road, New Yarpur, PS Gardanibagh, Patna – petitioners. Vs. 1) The State of Bihar, 2) Mina Devi, wife of Shri Harendra Prasad Sinha, village Sakala Bazar, PS Karakat, Dist. Rohtas – opp. parties. 2 21.12.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed against the order, dated 17.12.2007 passed by the Subdivisional Judicial Magistrate, Patna in Gardanibagh PS Case No. 314/2007 by which cognizance has been taken for the offences under section 498A of the Penal Code and sections 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioners submits that the prosecution case is false and not fit to be believed specially as the victim lady was pregnant at the time of the occurrence and is being looked after by the husband. At present the victim lady is with her mother. Learned counsel submits that if the girl appears, she would state that the story is untrue. The petitioners would have the liberty to approach his wife and resolve the matter and file a petition in the court below to this effect. The court below would consider the petition filed on behalf of the petitioners and examine the parties and pass a proper order before the stage of framing of charge. This application is dismissed with the aforesaid observation. haque (Sheema Ali Khan, J.)