IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3226 of 2006 MOTIUR RAHMAN son of Nurul Rahman resident of village Babura, P.S. Bhabua, District Kaimur (Bhabua) . . . . . . Petitioner. Versus THE STATE OF BIHAR For the Petitioner : Mr. Bibhuti Prasad Pandey, Sr. Advocate Mr. P.K.Sinha Mr. S.C. Giri, Advocates For the State : Mr. Ram Priya Saran Singh, A.P.P. ----------- 9/ 08.04.2010 Heard learned counsel for the petitioner and the State. In this application, the petitioner has prayed for quashing the order dated 02.01.2006, by which the petition for discharge has been rejected by Additional Sessions Judge, Fast Track Court No. II, Rohtas at Sasarm in S.T. No. 608 of 2002. This case was heard on few occasions and on some dates the case was adjourned. On 23.02.2010, a report was called for from the Court of Additional Sessions Judge, Fast Track Court No. II, Rohtas at Sasaram in S.T. No. 608 of 2002 regarding the stage of trial. The report shows that petitioner has not appeared in the court and is evading the process of the court. There is no stay in this case. The trial court has observed that there is material against the accused / petitioner regarding commission of crime. Taking into consideration the facts of the case as well as conduct of the petitioner, I am not inclined to interfere with the impugned order rejecting the discharge petition. - 2 - This application is dismissed with a direction that petitioner should cooperate in the trial. Let the case diary be returned to the court below. Uday/ (Samarendra Pratap Singh, J.)