IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44043 of 2009 VIJAY PRASAD Versus STATE OF BIHAR ----------- 2/ 06.01.2010 Heard. Regard being had to the fact that the prosecutrix has alleged commission of rape upon her by the petitioner, the court is still not inclined to direct his release. However, the rejection order passed by the learned Additional Sessions judge I/c indicates that the court is vacant since 9.10.2009. If the court is still vacant, then the District and Sessions Judge, East Champaran, Motihari shall transfer S.T. No. 576 of 2008 to any other court which has an officer of the longest tenure who shall take all steps for production of the victim for evidence. As soon as the victim is examined, the petitioner shall have the liberty to pray for bail directly to this court. The petition is dismissed with the abovementioned observation/direction. Anil/ (Dharnidhar Jha, J.)