IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1142 of 2008 1. BENGALI SINGH S/O LATE DEEP NARYAN SINGH 2. UDA DEVI @ UDA RAI W/O SHRI BENGALI SINGH BOTH RESIDENTS OF VILLAGE –ACHHEY CHAK, P.S. PARSA BAZAR (PHULWARISHARIF) DISTRICT-PATNA ---------------------- PETITIONERS Versus 1. THE STATE OF BIHAR 2. MAHENDRA SINGH S/O LATE LALA SINGH, R/O VILL- KOLHAR, P.S. FATUAH, DISTRICT-PATNA ------------------- OPP.PARTIES ----------- 3 21-11-2008 Heard Mr. Anil Prasad Singh, the learned counsel for the petitioners as also Mr. Jharkhandi Upadhaya, the learned A.P.P. for the State and Mr. Ajay Kumar, the learned counsel for Opp.Party no.2. The grievance of the petitioners is that although there is sufficient materials in the case diary to show that the petitioners were living separate from deceased daughter-in-law and her husband and police had submitted final form, the learned court on the basis of the evidence laid in enquiry under Section 202 Cr.P.C. has formed an opinion that a prima facie case under Sections 304B/201/34 I.P.C. has been made out against all the accused persons named in the protest- cum- complaint petition. The point is now no more res integra in view of the several decisions of the Apex Court as also of this Court. In that view of the matter, the learned counsel for the petitioners is very fair in submitting that he wishes to withdraw this application, so that he may raise all these issues before the appropriate forum at the appropriate stage. - 2 - With the aforesaid liberty given to the petitioner, this application is dismissed as withdrawn. ( Abhijit Sinha, J ) NKS/-