IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.860 of 2008 THE STATE OF BIHAR Versus MAHENDRA PRASAD SHARMA ----------- 4 17.4.2009 The State has preferred this revision application against the order dated 7.1.2008 passed in S.T.No.259 of 2004 whereby the prosecution evidence has been closed. The instant proceeding arises out of Samastipur Sadar SC/ST Act P.S. Case No.6/01 under sections 376,511 and 323 of the I.P.C. The learned trial court while closing the prosecution case observed that charges were framed in the month of July, 2004 and inspite of all processes no one turned up from the prosecution side to adduce evidence. The learned counsel submits that by way of last chance two months’ more time may be granted to the State to produce its witnesses. In view of the facts and circumstances of the case and also in view of the statements made by the learned counsel for the State,the impugned order dated 7.1.08 closing the evidence is set aside. The prosecution is granted time till 22nd June, 2009 to produce all its witnesses. In case the prosecution fails to examine its witnesses either few or all, in the circumstance, the learned trial court will close the evidence on 22nd of June,2009 and thereafter proceed in accordance with law. With the aforesaid direction /observation this application 2 is disposed of. Let this order be faxed at the cost of the petitioner. Anilkr.sinha ( Samarendra Pratap Singh, J. )