IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40827 of 2007 SK.MAINUDDIN @ MOINUDDIN, SON OF LATE MUMTAZ HUSSAIN, RESIDENT OF VILLAGE-TEHSILDAR TOLA, AZAMNAGAR, P.S. AZAMNAGAR, DISTRICT-KATIHAR…………………….PETITIONER. Versus 1. THE STATE OF BIHAR. 2. BIBI MAHRUN NISHA, WIFE OF MD. AFAQUE ALAM, AND DAUGHTER OF MOJIBUR RAHMAN, AT PRESENT RESIDING AT VILLAGE-SOHRAGACHI, O.P. (SALMARI), P.S. AZAMNAGAR, DISTRICT-KATIHAR. 3. MD. AFAQUE ALAM, SON OF SK. MAINUDDIN @ MOINUDDIN, RESIDENT OF VILLAGE-TAHSILDAR TOLA, AZAMNAGAR, P.S. AZAMNAGAR, DISTRICT-KATIHAR. …………………………………………………OPPOSITE PARTIES. ----------- For the Petitioner : Sri Md. Qumrul Hoda, Advocate. For the State : Mr. Jharkhandi Upadhyay, A.P.P. For O.P. No.2 : Sri Md. Rahmatullah, Advocate. ----------- 2. 16.12.2008. Heard the learned counsel for the petitioner, the learned counsel for O.P. No.2 and the learned A.P.P. for the State. The petitioner who is one of the arrayed accused in Maintenance Case No.86(M) of 1999 is aggrieved by order dated 3.5.2007 passed by the learned Principal Judge, Family Court, Katihar, whereby he has not allowed the time to the defence witnesses. It appears from the impugned order that sufficient time was granted to the petitioner to lead evidence but notwithstanding the grant of reasonable accommodation the petitioner failed to produce his witnesses whereby the prayer of the petitioner to grant further time has been rejected and both the accused have been directed to be - 2 - present in court for recording their statement. From perusal of the impugned order, I see no palpable reason to interfere with the same. The application is accordingly dismissed. P.S. (Abhijit Sinha,J)