IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37054 of 2010 1. RAMANAND PRASAD YADAV @ RAMANAND RAI SON OF SITA RAM YADAV @ SITA RAM RAI 2. PARMANAND PRASAD @ PARMANAND PD. YADAV @ PARMANAND RAI SON OF SITA RAM YADAV @ SITA RAM RAI 3. SITA RAM RAI @ SITA RAM YADAV SON OF LATE BARAN PRASAD YADAV 4. MUNNA RAI @ MUNNA PRASAD SON OF SITA RAM YADAV @ SITA RAM RAI 5. RADHIKA DEVI WIFE OF SITA RAM YADAV @ SITA RAM RAI 6. BINDESHWARI RAI @ BIDESHWARI PD. YADAV SON OF LATE RAM PHAL PRASAD 7. SHRI DEVI WIFE OF BINDESHWARI RAI @ BINDESHWARI PD. YADAV 8. SHILA DEVI DAUGHTER OF SITA RAM YADAV @ SITA RAM RAI 9. URMILA DEVI D/O SITA RAM YADAV @ SITA RAM RAI, ALL RESIDENT OF VILALGE CHAKRASUL, CHAKLAHURAN, P.S. MEHSI, DIST. EAST CHAMPARAN ….. PETITIONERS Versus STATE OF BIHAR ----------- 2. 25.11.2010 The petitioners have sought quashing of the order dated 5.7.2010 passed by the Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in Tr.No.SC 33 of 2009 arising out of Complaint case No.940C of 2001, by which the prayer of the petitioner u/s.317 Cr.P.C. was disallowed. The Counsel for the petitioners states that the petitioners could not appear before the court since there was Bihar Bandh on the said date and, therefore, there was no justification for passing the order impugned. Considering the circumstances under which the petitioners could not appear before the court, the application is allowed and the order dated 5.7.2010 passed by the Sub- Divisional Judicial Magistrate, Bettiah, West Champaran in 2 Tr.No.SC 33 of 2009 arising out of Complaint case No.940C of 2001 is set aside. However, the petitioners are directed to be more vigilant in future and to ensure that the trial is not delayed on account of their absence. Narendra/ ( Anjana Prakash, J. )