IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8469 of 2009 BONGI @ RAM DAS Versus STATE OF BIHAR ----------- 3. 10.08.2009 Heard learned counsel for the petitioner and the state. The offence alleged is under Sections 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that trial of the petitioner is pending vide Sessions Trial No. 94 of 2008 in the Fast Track Court No. V, Banka. However, hearing of the trial is delayed on account of non-examination of Investigating Officer. A Status report of the aforesaid Sessions Trial was called for as per order dated 28th of April, 2009, whereupon the same has been received from the trial court as per letter no. 50 vide order dated 23rd of May, 2009 at Flag – “A” where from it appears that despite writing a letter to the Superintendent of Police, Naugachhia for procuring attendance of the Investigating Officer, Pramod Poddar who is now posted at P.S. – Birpur, the said Investigating Officer has yet not been produced for his examination. In case till date, the investigating Officer has not been produced for his examination, the trial court to take recourse of law for compelling the attendance of the Investigating officer as provided under the law so that the trial in question, be 2 concluded within a period of four months. Considering the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail on behalf of the petitioner is rejected. Let a copy of this order be sent to the Superintendent of Police for taking immediate action for procuring the attendance of the Investigating Officer so that the trial be concluded within the time aforesaid. Jagdish/- (Shailesh Kumar Sinha,J)