IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.9176 OF 2008 1. SHANKAR PRASAD, SON OF LATE SHRI BHAGWAN DAS 2. MUNNI DEVI, WIFE OF SHRI SHANKER PRASAD 3. GANESH KUMAR, SON OF SHRI SHANKER PRASAD ALL RESIDENT OF MOHALLA MATH LAKSHMANPUR, POLICE STATION ALAMGANJ, POST OFFICE GULZARBAGH, DISTRICT PATNA ……………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. SMT. PUSHPLATA DEVI, WIFE OF SHRI NAND KISHORE PRASD, RESIDENT OF MOHALLA SABZIBAGH, POLICE STATION PRIBAHORE, POST OFFICE BANKIPORE, DISTRICT PATNA. AT PRESENT, MOHALLA RAJAPUR, INDIRA NAGAR, POLICE STATION PATLIPUTRA, DISTRICT PATNA ………………………………………………………………………..OPPOSITE PARTIES ******** 2 04/03/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. Counsel for the petitioners submits that this matter arises out of a purely civil dispute and relies on the decision of this Court in the case of Dipak Kumar Banerjee & Ors vs. The State of Bihar & Anr. Reported in 2007 (2) BBCJ 387. The order of cognizance was passed in the year 2005. The matter is pending in the Court below and two witnesses have been examined before charge. In the circumstances, if the petitioners file an application for discharge, the Court below will examine the decisions mentioned above and pass appropriate orders in this case. This application is disposed of with the 2 aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)