IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.39733 of 2008 Gauri Shankar Singh, son of late Kaushal Singh alias Kailash Singh, resident of village sorhara, Polilce station- Siswan, District-Siwan. ….petitioner. Versus 1. The State Of Bihar. 2. Vijay Singh, son of late Dukhwant Singh, Resident of village- Nawada, Police Station-Rasulpur, Dist-Saran. ----------- 02. 22.07.2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. This application has been filed against the order dated 14.08.2008 by which the court has rejected the application filed on behalf of the petitioner to discharge him for the offences under Section 302, 201/34 of the Indian Penal Code. Counsel appearing on behalf of the petitioner submits that this case has proceeded on the basis of the fact that the court below had deferred with the final form and taken cognizance in this case. Learned counsel for the petitioner is permitted to withdraw this application with liberty to raise all these issues during the trial of the case. Accordingly this application is dismissed as withdrawn. Devendra/ ( Sheema Ali Khan, J)