IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.57436 OF 2007 DINESH MEHTA, SON OF LATE ANANDI MAHTO, RESIDENT OF VILLAGE GARHIYA BABU, POLICE STATION K. NAGAR, DISTRICT PURNEA VERSUS THE STATE OF BIHAR ******** 3 23/06/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has filed this application against the order dated 10.12.2007 passed in Sessions Trial No. 1169 of 2001. An application was filed on behalf of the petitioner praying therein that he should be permitted to examine two witnesses, namely, Neelam Devi and Domni Devi who are the wives of the deceased and are said to be the eye-witnesses. The Trial Court has given the opportunity and issued notices to them on 03.11.2007 and again on 14.11.2007. However, it has been observed that the witnesses did not appear and the Investigating Officer also did not take any steps to produce the witnesses in Court. It is submitted that they are essential witnesses for proving the prosecution case. Accordingly, this Court directs the Trial Court to issue fresh notices and also directs the 2 Investigating Officer to take steps for the production of the above named witnesses. However, it is made clear that if the witnesses do not appear within a period of one month from the date of issuance of notices, the Trial Court would be at liberty to proceed in the matter and conclude the trial which is pending for about eight years as expeditiously as it can. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )