IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.38698 of 2008 Md. Imtiyaz & Anr Versus State Of Bihar ----------- 02. 21.07.2011 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. This application has been filed challenging the order dated 20.06.2008 passed by additional Sessions Judge Fast Track Court-II Samastipur in S.T.No. 803 of 2006 by which learned Addl. Sessions Judge F.T.C. II, Samastipur has allowed the petition under Section 319 Cr.P.C. The said order has been passed on the basis of evidenced by P.W. 2 and 3 who have specifically stated that they saw the aforesaid two persons running away from place of occurrence along with Md. Wakil. Learned counsel for the petitioners submits that there is partition suit as well title suit pending, which has led the witnesses to give such a false statement. This aspect of the matter will be considered during the trial. There is no illegality in the order impugned. Accordingly, this application is dismissed. Devendra/ (Sheema Ali Khan, J)