IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.550 of 2006 BIBI MOBINA KHATOON @ BIBI MOBINA Versus STATE OF BIHAR & ANR ----------- For the Petitioner : Mr. Md. Nasrul Huda Khan, Adv. 6. 30.7.2008. N.H./ This application has been filed for setting aside the order dated 18.3.2006 passed by Principal Judge, Bhagalpur in Misc. Case No.39 of 2005 thereby the learned Judge has dismissed the petition filed by the petitioner under section 125 Cr.P.C. on the ground of absence of the petitioner. Heard the learned counsel for the petitioner as well as the opposite party. Having regard to the facts and circumstances of the case as well as the fact that only on one date, the petitioner could not appear in the court due to unavoidable reason, the order in question is hereby set aside and the case is remanded back to the court below to give opportunity to the petitioner to produce witnesses on day to day basis. In any event, the miscellaneous case must be disposed of by the court below within three months of receipt of this order. ( Ghanshyam Prasad )