IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3878 of 2011 RITA DEVI Versus THE STATE OF BIHAR ----------- 2. 27.4.2011 After some argument Sushri Papiya Chatterji, learned counsel for the petitioner seeks permission to withdraw the petition with liberty to file an application at the proper stage pointing out to the court that an offence under Section 376 or even 376/511 of the Indian Penal Code is made out and, as such, to commit the case under Section 323 Cr. P.C. If such a petition is filed before the court below that shall be considered properly and disposed of by a speaking order. With the above observation the petition is dismissed as withdrawn. Kanth ( Dharnidhar Jha, J.)