IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39997 of 2010 1. MINTU MIAN @ MINTU SON OF AZIZ MIAN 2. SAUMI MIAN SON OF YAHIYA MIAN 3. SUBAIDA KHATOON WIFE OF MD. SULEMAN, ALL RESIDENT OF SALAFATGANJ, P.S. BHAGWAN BAZAR, DISTT. SARAN …. PETITIONERS Versus STATE OF BIHAR ----------- 2. 26.11.2010 The petitioners seek quashing of the order dated 29.9.2010 passed by the Additional District and Sessions Judge 3rd, Saran at Chapra in Sessions Trial No.824 of 2008, by which he has disallowed the recall of P.W.1. It has been submitted that uptil-now the rest of the witnesses have been examined and cross-examined and, therefore, there was no intention on behalf of the accused to delay the trial. Unfortunately P.W.1 could not be examined because the defence lawyer was not available. In my view, one opportunity should be given to the petitioners to cross-examine P.W.1 on payment of cost to be determined by the trial court. In view of such, the application is disposed of with a direction to the trial court to recall P.W.1 on specific date to be fixed by it. In case the accused persons default for whatever reason in cross-examining the witness, he shall be discharged and no further opportunity be given to them. A cost shall also be imposed on the accused persons for recall of P.W.1. Narendra/ ( Anjana Prakash, J. )