IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47206 of 2008 SHIYA LAL PRASAD Versus THE STATE OF BIHAR ----------- 02 13.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is aggrieved by the order dated 15.10.2008 by which the Judicial Magistrate, Motihari has refused to allow the application filed on behalf of the petitioner to exempt him from appearing in court on 15.10.2008, as his wife was not well and he had to take his wife out side the village for treatment. The application was kept on record. However, the court below has cancelled the bail. The order of the court below does not indicate that the petitioner was deliberately delaying the disposal of the case. Considering the facts, that he had made an application to the Court. The court ought to have considered it on its own merit and passed an order for rejecting it before canceling the bail application of the petitioner. In the result, I quash the order dated 15.10.2008. 2 The petitioner is directed to be vigilant and co-operate with the Court in future. This application is allowed with the aforesaid observations. The petitioner may appear on the next date with the copy of this order. Learned counsel may deposit the cost of Fax for communication of this order, to the court of Shri Sagir Ali, Judicial Magistrate, Motihari in connection with Chakiya P.S. Case No. 88 of 2005, Tr. No. 1864 of 2008. P.K. (Sheema Ali Khan, J.)