IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50852 of 2006 1.ABDUL GHAFOOR @ ABDUL GAFFUR son of late Abdul Wahid 2.Md.Monazir Alam @ Md.Monazir 3.Md. Yunus Petitioner nos.2 and 3 are sons of Abdul Ghafoor @ Abdul Gaffur. All are r/o Salamat Nagar, P.S. and Distt.-Katihar. Versus STATE OF BIHAR ----------- 7. 17.3.2010. Heard Mr. Abdul Wadood, learned counsel for the petitioners and learned APP for the State. The petitioners have challenged the order dated whereby learned Chief Judicial Magistrate, Katihar had taken cognizance of the offences under sections 341, 323, 386, 384 and 379/34 of the Indian Penal Code in Katihar Mufassil P.S. Case No.106 of 2006. Learned counsel for the petitioners submits that the dispute was in between the accused no.1 of the first information report, Raju Rajak and the informant, Jitendra Sah and these petitioners have been dragged in the present case without any material because of the fact that they are neighbour of accused, Raju Rajak. However, after some argument, learned counsel for the petitioners seeks permission to withdraw this petition with a liberty to file a petition at an appropriate stage. Prayer is allowed. This petition is dismissed as withdrawn with a liberty that if charge has not been framed in this case, the petitioner may file an appropriate petition and, if such petition is filed, the court may examine the same on its own merit, without being prejudiced with this order. Md.S. ( Rakesh Kumar, J.)