IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36023 of 2009 RAM LAKHAN SHARMA Versus THE STATE OF BIHAR ----------- 2 14.10.2009. The petitioner has come to this Court for modification of order dated 18.4.2009, passed by this court in Cr Rev. No. 250/2008 rejecting his prayer to examine the IO and the doctor in Sessions Trial No. 1194 of 1996 lodged for offence under section 304B of the I.P.C. The petitioner states that due to latches of respondents causing delay in trial, the informant/petitioner may not be allowed to suffer. From perusal of records it appears that application filed under section 311 Cr.P.C. by the prosecution was rejected by the court below on 12.2.2008, passed in Sessions Trial No. 1194/1996 finding that the prosecution had failed to produce IO and doctor for examination even after lapse of eight years as the case is of 2000. Noticing this fact, this Court vide order dated 18.4.2009, passed in the aforesaid Cr Revision application did not allow the prosecution further opportunity for examination of doctor and IO. However, it gave liberty to the authorities to take appropriate action against IO and doctor who failed to respond to various warrants both bailable and non bailable, as well as letters of the District administration to make themselves available for deposing during trial. In view of the above discussions, this Court is not inclined to interfere with the order dated 18.4.2009. The petitioner - 2 - may take resort to section 391 Cr.P.C. or other appropriate provision of law at the appellate stage. The modification petition stands disposed of with aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J.)