IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3242 of 2011 BHIKHANIA DEVI . Versus KRISHNA BHAGAT & ORS . ----------- 03. 10.05.2011 Heard learned counsel for the petitioner. While passing the order impugned, the trial- court has not taken into account the provisions of Section 90 of the Evidence Act, therefore, the order impugned dated 14.01.2010 passed by learned Sub- Judge-V, Motihari, East Champaran in P.S. Case No.300 of 2000 is set aside. The trial-court is directed to decide the application afresh after hearing the parties together. The petition is, accordingly disposed of. Mkr. ( Prakash Chandra Verma, J. )