IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38771 of 2010 MD.MUSTAQUE, S/o Late Md. Manzoor, R/o Vill.-Rasalpur Khurd, P.S.- Bahadurpur, District-Darbhanga, At present R/o Mohalla-Cinema Chowk (Naka-5) P.S.-Laheriasarai, Distt.-Darbhanga. Versus THE STATE OF BIHAR ----------- For the Petitioner : Mr. Girish Chandra Jha, Adv. : Mr. Prashant Kumar, Adv. For the State : Mr. R.N. Jha (APP) ---------- 2. 24.02.2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 28.09.2010 passed in S.Tr. No. 74 of 2004 by which F.T.C.-I, Darbhanga has refused examination of the petitioner in the trial. It has been submitted that the petitioner could not present himself in cross-examination since his son had died and, therefore, in the interest of justice he should be allowed to depose. Considering the same, this application is allowed to the extent that the Trial Court assigned one date for examination of the petitioner on which date his examination in chief as well as cross-examination shall be completed. In case, the petitioner does not turn up for any reason he should not be given any further indulgence. It is clarified that this order is being passed 2 only on the assumption that the trial has not concluded. With these observations, the application is disposed off. Let this order be communicated through FAX. Vikash/- (Anjana Prakash, J.)