IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7746 of 2010 SHIV KUMAR GOSWAMI . Versus STATE OF BIHAR & ORS . ----------- 2/ 17/6/2010 Heard learned counsel for the petitioner and learned counsel for the State. The prayer in this application is for transferring Sessions Trial No.105/09/799/09 arising out of Daud Nagar P.S. Case No.226/08 pending before the Sessions Judge, Aurangabad to a Sessions Court at Nalanda as Biharsharif. The allegation is under Section-304B of Indian Penal Code. The petitioner is the father of the deceased. Learned counsel for the petitioner very fairly submits that other prosecution-witnesses have deposed at Aurangabad and now only the informant, the doctor and the investigating officer remain to depose. The informant has been threatened that if he goes to depose at Aurangabad he will be done away with and therefore the prayer for transfer of the trial. Learned counsel for the State rightly suggests that since the trial appears to be at the verge of conclusion, the petitioner can be transported to depose at Aurangabad under proper security 2 arrangement. The Superintendent of Police, Nalanda is directed, on an application by the petitioner of the date fixed for his deposition, to provide him armed security to accompany the informant to the Court at Aurangabad at the expense of the State to depose freely and fearlessly. If for any reason the stay of the petitioner at Aurangabad is prolonged for no fault of the petitioner, the Superintendent of Police, Aurangabad is directed to ensure the safety of the petitioner by adequate security at Aurangabad at the State expense. The security provided to the petitioner by the Superintendent of Police, Nalanda shall accompany the petitioner on his return also. The trial court is directed to conduct/conclude the examination /cross-examination of the informant on day-to-day basis and conclude the same. This Court further directs that the Sessions Judge shall ensure issuance of notice to the investigating officer and the medical officer from their places of posting made available by the State Government to this Court forwarded in turn to all District Judges so that the notice is promptly and 3 efficiently served. If the investigating officer and the medical officer still fail to respond to the summons, the Sessions Court is directed to forthwith initiate summary proceedings against them under Section-350 of Cr.P.C. Let the trial itself be concluded expeditiously in the aforesaid manner. At the request of the counsel for the State let this order be communicated by FAX to the Superintendent of Police, Aurangabad and Superintendent of Police, Nalanda by the Court. It shall be the duty of the Superintendent of Police, Aurangabad also to ensure that the official witnesses appear in response to the summons. The application is disposed. KC ( Navin Sinha, J.)