IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15365 of 2009 AJAY KUMAR S/O LATE KAILASH MAHTO, R/O VILLAGE RAHUI, P.S. RAHUI, DISTRICT-NALANDA. --PETITIONER Versus 1. THE STATE OF BIHAR 2. MAHENDRA PRASAD S/O LATE BUDHAN MAHTO, R/O VILLAGE-PARSO BIGHA, P.S. BARBIGHA, DISTRICT- SHEIKHPUR. --OPP.PARTY 2 04.11.2010 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of the prosecution in Barbigha P.S. Case no. 17 of 2008 dated 6.2.2008 pending before the Additional Chief Judicial Magistrate, Sheikhpura. After some arguments learned counsel for the petitioner seeks permission to withdraw this application with liberty to agitate all his points at appropriate stage including statement of victim under Section 164 of the Code of Criminal Procedure and her release in favour of her sister, that is, wife of the petitioner. Permission is granted. The application is dismissed as withdrawn with 2 AAhmad/ the aforesaid liberty. (Akhilesh Chandra, J.)