IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51725 of 2008 SAKALDEEP YADAV, son of Surendra Yadav, a resident of village – Anand pur, P.S. Chhatapur, District - Supaul Versus STATE OF BIHAR ----------- 2/ 27.1.2009 Heard. The case is under sections 376 and 448 of I.P.C. and as may appear from the earlier rejection order (Annexure 1), the petitioner is said to have committed rape upon the girl of about 11 – 12 years. Learned counsel for the petitioner attempted to touch upon the merit of the matter but I believe that those aspects of the case have already been pressed before the court and those could not get favour with it. It was contended lastly that the petitioner is in custody since 3.7.2007 and charges being framed on 26.6.2008, no witness has turned up till date for evidence. It is invariably being found that when a renewal prayer is made before the trial court or any other court on the lower level, they do not even care to put down as to why trial could not be proceeded with or what steps they had taken in making some headway in the trial of an accused. The accused 2 is in custody since over a year and charge has been framed for almost one and half years but the accused is crying for justice. The court below is directed to act in the light of the decision of the Supreme Court in the case of Shailendra Kumar Vs. State of Bihar and ors. 2002 S.C. 270 and issue notice to the Officer Incharge of the police station which investigated the case, to remain physically present in court with witness on day to day basis so that the trial is concluded at the earliest. Petition is dismissed. Anil/ ( Dharnidhar Jha,J )