IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9312 of 2008 BALDEO YADAV, SON OF SRI TEK NARAYAN YADAV, RESIDENT OF VILLAGE CHAK SIRIYA, P.S. DHANARUA, DISTRICT PATNA. ------ PETITIONER Versus 1. THE STATE OF BIHAR 2. KAMESHWAR SINGH @ NIRMAL SINGH, SON OF LATE CHHOTU SINGH, RESIDENT OF VILLAGE PABHEDA, P.S. DHANARUA, DISTRICT PATNA. ----- OPPOSITE PARTIES. ----------- 2 16.3.2010 This application has been filed challenging the order dated 11.12.2006, passed by the Sub-divisional Judicial Magistrate, Masaurhi in Complaint Case No. 181/c/2004 by which cognizance has been taken under Section 379 of the Indian Penal Code. Learned counsel for the petitioner submits that this present complaint has been lodged as a counter case to a First Information Report which is Dhanarua P.S. Case No. 150 of 2004. It is further submitted on behalf of the petitioner that it has obviously been filed due to malafide reasons and the petitioner relies on the case reported in 2000 (1) B.L.J. 383 (Sister Eulalia Furtado @ Eulalia Furtado Vs. State of Bihar & Ors.). The petitioner is permitted to withdraw this application with leave to raise this point at the time of discharge when the Court will examine this aspect in relation to the case mentioned aforesaid. This application is disposed of with the aforesaid observation. Sanjay (Sheema Ali Khan, J.)