IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2472 of 2009 CHANDRIKA RAI Versus STATE OF BIHAR ----------- 2. 16.4.2010. Heard Dr. Amrendra Kumar No.1, Advocate for the petitioner and the learned A.P.P. for the State. The petitioner wanted to examine himself in Sessions Trial of 422 of 1996. The petitioner is the informant of the case. The contention is that the evidence for the prosecution had been closed on 25.9.2008. The petitioner filed his attendance and also a petition under Section 311 of the Cr.P.C. praying before the court that his evidence be recorded as it was necessary for the just decision of the case to be taken on record of the case. The learned trial Judge has given reasons by referring to different stages of the trial and specially the fact that his uncle P.W.2 was examined on 22.9.2001 but the informant did not turn up for his evidence till the evidence was closed on 25.9.2008. This court does not dispute the above records of the learned trial court, but it feels that considering the stage of the trial which was for recording the statement of the accused persons under Section 313 of the - 2 - Cr.P.C. as also for taking defence evidence, it would not have been improper if learned court would have allowed the petitioner to give his evidence in the case. I do appreciate the anxiety of the court below as regards the pendency of the trial and I also appreciate the circumstance pointed out by the learned trial Judge that the petitioner was intentionally keeping himself out of the witness box and considering that I direct that if the petitioner pays a cost of Rs.1,000/- to the District Legal Services Authority, East Champaran at Motihari and produces a receipt in that behalf issued by the above authority in the court below, the court below shall fix a date within a week of such production of the receipt showing payment of the cost amount, and record the evidence of the petitioner on two consecutive days of a week. If no cost is deposited in two weeks of the receipt/production of the copy of the present order the court below need not proceed in the case as directed. With the above directions this petition stands disposed of. B.Kr. ( Dharnidhar Jha, J. )