IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30949 of 2008 VIMAL KUMAR @ BIMAL KUMAR, son of Krishan Mohan Tanti, resident of Kalaptaru Bhawan, Harihar Singh, Near Data, P.S. Bariyatu, District Ranchi----------------------petitioner Versus 1.STATE OF BIHAR 2.Ranjana Kumari D/O Tej Kumar Gupta, resident of Muhalla Bishwanathganj Ward No.5, P.S. Khagaria,Dist. Khagaria-Opp.party ----------- 3. 12.11.2008 Heard learned counsel for the petitioner and the State. No one appears on behalf of opposite party no.2 despite having entered appearance. The prayer is for modification of the order dated 14.3.2007 in Cr.Misc.No. 35604 of 2006 directing personal appearance of the petitioner on each date. The ground urged is that the complainant was not co-operating and seeking to delay the trial casting an onerous burden of personal appearance on each date. The order dated 14.3.2007 of this Court was itself conditional on the complainant’s co- operation. The matter therefore, essentially remains within the discretion of the Magistrate to exempt appearance of the petitioner if he be satisfied of the failure of the complainant to render co-operation for progress of the trial and his power in respect thereof shall not be inhibited by reason of the order of this Court in any manner. The application stands disposed off. (Navin Sinha,J.) spal/