IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5979 of 2009 MUNNA SHARMA, son of Sri Prakash Sharma, village- Rupaspur-Jalalpur, P.S.- Danapur, District- Patna. ------ Petitioner Versus STATE OF BIHAR ------ Opposite Party ----------- 2 4.3.2009 Petitioner’s bail application has earlier been rejected by this Court in a case under Section 304 B of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act. On the last occasion i.e. on 26.6.2008, this Court had ordered that the Court below should take steps in ensuring that the official witnesses should appear and for this purpose ask the Court below to issue bailable and non-bailable warrant of arrest. Learned counsel for the petitioner has produced the order sheet of the Trial Court from which it appears that the official witnesses have not appeared as yet although summons have been served on them. The Court below is directed to issue non-bailable warrant of arrest/warrant of arrest to the parties do not appear and also inform the Civil Surgeon-cum-Chief Medical Officer, Patna and the Superintendent of Police, Patna regarding the non-appearance of 2 the official witnesses so that they may be able to trace the official witnesses and ensure that they are produced in Court. The Court has been making attempts since May, 2008 to ensure their attendance but the Officers concerned have failed to respond to the summons issued by the Court and are thereby delaying the trial of the case. A copy of this order is to be sent to the Superintendent of Police, Patna, Senior Superintendent of Police, Patna and the Civil Surgeon-cum-Chief Medical officer, Patna. As far as the merits of the case are concerned, learned counsel for the petitioner submits that the family members of the deceased were informed of the occurrence which would be apparent from the First Information Report and thereafter the lady was taken to the hospital for treatment where she died. It is submitted that the petitioner has remained in custody for 3 years and 7 months. Considering the period of custody, petitioner Munna Sharma is directed to be released on bail in connection with Sessions Trial No. 492 of 2006 arising out of Danapur 3 P.S. Case No. 425 of 2005 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Fast Track Court No. II, Patna with the condition that the petitioner must remain present before the Trial Court as and when required and if he absents himself even for a single date without cause, his bail bond shall stand cancelled. Sanjay (Sheema Ali Khan, J.)