IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38293 of 2009 HARI MANDAL Versus STATE OF BIHAR & ORS ----------- 2 09.11.2009 Heard learned counsel for the petitioner and the State. Petitioner has challenged the order dated 31.7.2009 by which the application under section 319 of the Code of Criminal Procedure filed on behalf of the petitioner has been rejected. Prayer of the petitioner is limited in as much as it is submitted that the court below has given adequate reason for issuing summons to Shushil Kumar and Manoj Kumar who were declared absconder in the case but no reason whatsoever has been disclosed by the court for rejecting the application under section 319 Cr.P.C,so far as Uday Singh, Futo Dcevi and Sangeeta Devi. are concerned , I remit the matter back to the court below to reconsider the facts and pass appropriate order within the period of three weeks after receipt of the this order. Let the order be communicated to the court below ( 3rd Additioinal Sessions Judge, Bhagalpur) in Sessioins Trial No. 872 of 2004/ Tr. No. 117 of 2009 , at the cost of the petitioner. (Sheema Ali Khan, J) M.Rahman