IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18926 of 2010 1. DUKHIT SINGH, S/o Kawaleshwar Singh. 2. Harokan Singh @ Harokhan Singh, S/o Kawaleshwar Singh. Both R/o Village-Salempur, P.S.-Chandi, District-Bhojpur. Versus THE STATE OF BIHAR ----------- 02. 04.02.2011 The petitioners are aggrieved with the order dated 10.11.2009 and 15.04.2010 passed by the 3rd Additional District & Sessions Judge, Bhojpur at Ara in S.Tr. No. 522 of 2007 by which he has refused recall of P.Ws. 1, 2, 4 and 5. It appears from the order impugned that P.Ws. 1, 4 and 5 were not cross-examined at all by the accused persons whereas P.W. 2 has been cross-examined. Since it is a serious case of murder, if the Trial Court feels that the accused should be permitted to recall P.Ws. 1, 4 and 5 for cross-examination in the ends of justice, he shall recall the said witnesses on payment of Rs. 1,000/- for each of the witness to be deposited in the Court below to be handed over to them when they appear for evidence. However, only one date shall be given for their cross- examination and in case they fail to appear on the said date no further indulgence shall be given. The entire exercise should be concluded within a period of three months for which simultaneously bailable, non-bailable warrant shall be issued to the witnesses concerned and the Police Station shall also be informed telephonically through the Registrar, Civil Court for their attendance in Court. Despite this exercise if they fail to appear the Court should proceed with the trial. With these observations, the application is disposed off. Vikash/- (Anjana Prakash, J.)