Indu Prabha Singh, J.

1. This is an application under Secs. 397 and 401 of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the order dated 2.7.2001 passed by the Sub-Divisional Judicial Magistrate, Gopalganj in Tr. No. 1099/2001 wherein and whereunder the learned Magistrate was pleased to reject the petition filed on behalf of the petitioners for their discharge under Sec. 239 of the Code.

2. It appears that opposite party No. 2 had filed a complaint petition against the present petitioners which was forwarded to the police u/s. 156(3) of the Code. It was registered as Mirganj P.S. Case No. 173 of 1999. The police after completing the investigation submitted charge sheet. The cognizance of the offence was taken under Secs. 498, 406, 120-B of the Indian Penal Code read with Secs. 3, 4 and 5 of the Dowry Prohibition Act and the case was posted for framing of charge in the Court of the learned Sub-Divisional Judicial Magistrate, Gopalganj.

3. On 31.5.2001 the petitioners filed a petition before the Court along with the various documents praying therein that it was not necessary to proceed to conduct the trial as there was no sufficient ground t