IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14898 of 2009 ARUN KUMAR SRIVASTAV S/O RAMESHWAR PRASAD R/O VILLAGE SHANTI NAGAR DUMRA, P.S.DUMRA, DISTRICT-SITAMARHI. --PETITIONER Versus 1. THE STATE OF BIHAR 2. YOGENDRA PRASAD, S/O LATE GAYA PRASAD, HARIJAN TOLA, MANOHAR BABA PATH, BAIRGANIA, P.S. BAIRGANIA, DISTRICT-SITAMARHI. --OPP.PARTY 2 29.10.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of the order dated 24.03.2009 passed by the Chief Judicial Magistrate, Sitamarhi, in Bairgania P.S. Case no.45 of 2001corresponding to trial no.14 of 2009 allowing petition of prosecution under section 311 of the Code of Criminal Procedure and permitting to examine the informant Yogendra Prasad as prosecution witness on the date of judgment as the witness was present on the day whose evidence could not be recorded on earlier two occasions inspite of his presence. After some arguments learned counsel for the 2 petitioner seeks permission to withdraw this application on the condition that the informant, if not examined within a month from communication of this order to the court below, no further adjournment for the purpose shall be granted. Considering the genuineness and bonafide of the prayer, it is accorded and application stands disposed of as withdrawn with the above condition and liberty. The court below shall strictly follow the period and soon after communication of the order shall take all possible steps to procure attendance of the witness within stipulated period. (Akhilesh Chandra, J.) AAhmad/