IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39217 of 2009 1) Surendra Sah, son of Late Sheo Balak Sah, 2) Lallan Sah, son of Late Narad Sah, 3) Ramesh Sah, 4) Mukesh Sah, 5) Rakesh Sah, all sons of Lallan Sah, 6) Pramod Sah, son of Late Gopi Chand Sah, all of village Shankar Dih, PS Parsa, District Saran – petitioners. Vs. 1. The State of Bihar, 2. Kashi Nath Sah, son of Late Ganesh sah, village Khazoali, PS Doerni, District Saran – opp. parties. 2 11.12.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners have challenged the order, dated 16.1.2009 passed by the Judicial Magistrate, Ist Class, Chapra in Complaint Case No. 2879/2006/Tr. No. 1032/2009 by which the learned Magistrate has refused to discharge the petitioners for offences under sections 457 and 380 of the Penal Code. Learned counsel for the petitioners submits that there are several civil cases pending between the parties. It is submitted that a First Appeal is also pending between them. These facts would be relevant for the court to consider at the time of considering the arguments advanced on behalf of the petitioners. Accordingly I am not inclined to interfere with the impugned order. This application is dismissed. haque (Sheema Ali Khan, J.)