IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5640 of 2009 BIPIN BIHARI PRASAD Versus THE STATE OF BIHAR ----------- 2. 14.5.2010 Heard learned counsel for the petitioner and the State. Only for the reason that the order dated 16.10.2008 in Criminal Revision No. 171 of 2005, came to be passed ex-parte, this Court consider it proper to direct that if the petitioner files an application before the District and Sessions Judge, Bettiah within a period of two weeks to rehear Criminal Revision No. 171 of 2005 afresh, the District and Sessions Judge, Bettiah shall proceed to do so. The order dated 16.10.2008, is therefore set aside to facilitate the same conditionally. Should the petitioner not file such application before the District and Sessions Judge within two weeks from today, the present application shall be deemed to have been dismissed and the order dated 16.8.2009 in Criminal Revision No. 171 of 2005 shall require no interference. Let a copy of this order be communicated through FAX to the Court of District and Sessions Judge, West Champaran at Bettiah in connection 2 with Cr. Rev. No. 171 of 2005 arising out of Maintenance Case No. 10M of 1994, at the cost of the petitioner. P. Kumar (Navin Sinha, J.)