IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.697 of 2009 HARI SHANKAR PRASAD Versus STATE OF BIHAR ----------- 2/ 19.3.2010 After having heard Shri Radha Mohan Singh, learned counsel for the petitioner and having considered the materials placed on record, I find that the order dated 2.7.2008 summoning the petitioner in Kotwali P.S. Case No. 42 of 2002 (G.R. No. 338/2002) by the C.J.M., Gaya does not suffer from any illegality so as to be treated as an abuse of the process of the court. The petition is dismissed. However, the petitioner shall have the opportunity of leading his evidence in defence so as to explaining away the allegation at the appropriate stage. Anil/ ( Dharnidhar Jha, J.)