IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.635 of 2011 1. DEEP NARAYAN YADAV SON OF GOKUL YADAV 2. APESHWAR YADAV @ APSAR YADAV SON OF GOKUL YADAV 3. ARJUN YADAV SON OF GOKUL YADAV 4. BHIMA YADAV SON OF GOKUL YADAV, ALL OF THEM RESIDENT OF VILLAGE BHADRIA, P.S. KATORIA (SUIYA), DISTRICT BANKA …. PETITIONERS Versus THE STATE OF BIHAR ----------- 2. 28.1.2011 The petitioners seek quashing of the order dated 24.11.2010 passed by the Additional District Judge, F.T.C.3rd, Banka in Sessions Trial No.311 of 1998 (Tr. No.10 of 2010), by which he has refused recall of P.W.2 for his cross-examination. From the order impugned, I find that no doubt the defence has committed a serious lapse in not depositing the amount ordered by the trial court for recall of P.W.2, but in the interest of justice since it is a serious case of murder, I think one opportunity should be given to them to cross-examine P.W.2. In view of such, in case the trial has not concluded, the learned court below will summon P.W.2 and allow cross-examination on payment of fine of Rs.1,000/- within two days to be paid to P.W.2 of his appearance from the date of receipt of this order. In case the defence defaults in cross-examination even on that date no further adjournment shall be given and the cross- examination shall be concluded on the same date of his 2 appearance. With these observations, the application is disposed of. Let the order be communicated to the court of the Additional District Judge, F.T.C.3rd, Banka in Sessions Trial No.311 of 1998 (Tr. No.10 of 2010) through fax at the cost of the petitioners. Narendra/ ( Anjana Prakash, J.)