IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50355 of 2007 MD. WARIS, Son of Abdul Gani, resident of Village-Kurudih, P.S.Lodipur, District-Bhagalpur --------- Petitioner Versus 1. THE STATE OF BIHAR 2. Nayela Perween, D/O Md. Abdul Wadood, resident of Village- Sanhouli, P.S. Jagdishpur, District-Bhagalpur—Opp.Parties. ----------- For the petitioner: S/Sri Satish Chandra Mishra Md. Nurul Hoda, Advocates For the State: Smt. Indu Bala Pandey, A.P.P. For Opp.Party no.2: Sri Uma Kant Prasad, Advocate ------------ 05 26-11-2010 After some arguments, Sri Satish Chandra Mishra learned counsel for the petitioner seeks permission to withdraw this application with liberty to raise all the points, which have been raised in the present case, before the court below, This prayer was made in presence of Sri Uma Kant Prasad, learned counsel appearing on behalf of Opp.Party no.2. Sri Satish Chandra Mishra, learned counsel for the petitioner submits that at subsequent stage the complainant had already taken divorce and she has solemnized second marriage. The prayer for withdrawal is allowed. It is expected that if such petition is filed at appropriate stage, the learned Magistrate without being prejudiced with this order will pass appropriate order in accordance with law. Accordingly, this petition is dismissed as withdrawn. NKS/- ( Rakesh Kumar, J.)