IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31250 of 2009 Dayanand Singh, son of Late Gajo Singh, resident of village- Bihta, P.S. Ramgarh Chowk, District Lakhisarai Versus STATE OF BIHAR ----------- 04/ 03.02.2010 Counsel for the petitioner states that petitioner has since been discharged from the P.M.C.H. and returned back to the jail custody. In view of the statement aforesaid, I am not inclined to proceed against the jail authorities, Lakhisarai jail for their permission to the petitioner to come to P.M.C.H. without there being any order of the court. It is, however, directed that hereafter petitioner should not be allowed to leave the jail custody without orders of the competent trial court or the superior court. Petitioner has remained in jail custody for about 19 months and as the petitioner was not regularly attending the trial court, charges could not be framed. Accordingly, it is directed that the trail court (Addl. Sessions Judge, FTC-II, Lakhisarai) should frame charge on the next date fixed in the trial, on which date the jail authorities, Lakhisarai should produce the petitioner before the trial court (Addl. Sessions Judge, FTC-II, Lakhisarai), and thereafter proceed with the Sessions Trial No. 213 of 2009, arising out of Lakhisarai (Ramgarh) P.S. Case No. 295 of 2006 and conclude the same as early as possible. The informant should make himself available for 2 examination as P.W.1 in the trial, as it is submitted by the counsel for the petitioner that he is also an accused in a case under Section 376G of the Indian Penal Code in which he is evading arrest and has been declared absconder. Let the informant surrender before the C.J.M., Lakhisarai within two weeks from today. This application is, accordingly, disposed of. Let this order be communicated to the trial court and the jail authorities, Lakhisarai through fax by the office of this Court. Arjun/ ( V.N. Sinha, J.)