IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18545 of 2007 1. SUDHIR KUMAR , Son of Shri Tara Chand Prasad 2. Suman Devi, Wife of Sudhir Kumar, Both residents of Mohalla-Nehru Nagar, P.S. Patliputra, District-Patna ---------------Petitioners Versus 1. THE STATE OF BIHAR 2. Radhe Shyam Prasad, Son of Late Badri Prasad, resident of Mohalla- North S.K.Puri, P.S. S.K.Puri, District-Patna --- Opp.Parties. ----------- For the petitioners: Sri Binod Kumar Mishra, Advocate For Opp.Party No.2: Sri Parmeshwar Mehta, Advocate For the State: Smt. Indu Bala Pandey, A.P.P. ----------- 05 02-11-2010 After some arguments learned counsel for the petitioners seeks permission to withdraw this application with liberty to raise all the points, which have been raised in the present case or any other points, if available, at the appropriate stage i.e. at the stage of charge. Prayer is allowed. Accordingly, the application is dismissed as withdrawn. In view of dismissal of the present petition, interim order of stay stands automatically vacated. It is expected that at the stage of charge, if a petition for discharge is filed by the petitioners, the learned Magistrate will examine the same and pass appropriate order in accordance with law without being prejudiced with the rejection of the present petition. NKS/- ( Rakesh Kumar, J.)