IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33128 of 2011 Radhe Shyam Paswan @ Radhe Paswan Versus The State Of Bihar ----------- 02. 28.09.2011. Heard. Regard being had to the allegation that the petitioner committed rape upon a four year old child, the prayer is dismissed. However, let the Director General of Police, Bihar be informed that the police cannot ignore its statutory duty of producing the witnesses, more so, when Section 170(2)Cr.P.C. requires the officer-in-charge of the police station to obtain a bond from persons acquainted with the facts and circumstances of the case to appear in court for supporting the charges. This is the reason that the Supreme Court was directing the officer-in-charges of the police station by which cases had been investigated into, to be noticed for remaining present on all dates of hearing with witnesses as may appear from Shailendra Kumar Vrs. State of Bihar AIR 2002 SC 270. The court below who is the Presiding Officer of Fast Track Court-II, Patna has attempted to impress upon this Court that it 2 had taken steps by issuing the D.O. letters to Senior Superintendent of Police, Patna, D.I.G., Bihar, Patna, District Magistrate, Patna. I do not know under which provision of law or under which instruction of this Court the officer was issuing letters to the officers of the executive begging of them to produce the witnesses. The officer has spoken of taking steps, but has not mentioned that he has ever taken any step against the state as is required to be done under Section 309 Cr.P.C. for granting unnecessary adjournment. This Court does not appreciate the approach of the officer and he is directed to be more sensitive to the directions of law and should not behave as an officer as if he may be subservient to the police officer and beg them to produce the witnesses. It was a fit case where some entry should have been recorded in his records. But in expectation that the officer is now properly trained after receiving the copy of the present order, this court drops the idea of directing him to act only in accordance with law or in the light of the executive instructions of this Court and refrain from entering into 3 correspondence with any agency of the state which is one of the parties to the proceeding pending before him. B.Kr. ( Dharnidhar Jha,J.)