IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29322 of 2008 SANJAY KUMAR @ PINTU Versus THE STATE OF BIHAR ----------- 2/ 20/8/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, who is the husband, renews his prayer for bail in a police case under Section-304B/34 of I.P.C. on the grounds of custody since 1.7.2005. It is fairly acknowledged that nine witnesses have already been examined. The trial is at a very advanced stage. Only three private charge-sheet witnesses remain to be examined apart from two official witnesses. This Court is not persuaded to re- consider the prayer for bail at this stage. The application is rejected. The Court below is directed to confront the counsel for the informant with the undertaking given before this Court on the previous occasion that the prosecution- witnesses shall be forthcoming to cooperate for an early disposal of the trial. In absence of adequate development, let the court below take appropriate coercive measures to ensure their - 2 - appearance which the Superintendent of Police concerned shall be bound to comply on a requisition made by the court. The Superintendent of Police, Nalanda is further directed to take appropriate steps to ensure the appearance of the Investigating Officer with the help of recent data base of police officials created by the State of Bihar for their places of posting and also for the appearance of the Doctor concerned for which the concerned Civil Surgeon at Nalanda shall be equally responsible to render necessary assistance to the Superintendent of Police to ensure the appearance. In the event of non- appearance of the official witnesses, the court below is directed to initiate proceedings against them under Section-350 of Cr.P.C. and conclude the same at an early date. KC ( Navin Sinha,J )