IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23486 of 2010 BISHUNDEO PASWAN Versus STATE OF BIHAR ----------- 2. 21.7.2010. Heard. It was simply a matter shocking the conscience of this court when it was informed that the three lady accused persons who could not appear on one day on calls in spite of their filing appropriate Pairvi were taken into custody. We have to appreciate one situation prevailing in our society that the lady inmates of our family are generally ignorant of court proceedings. The ladies generally being illiterate, the court has to be more sympathetic to such accused who still prefer to remain within the bounds of their houses and feel extremely miserable when they are to attend to the proceedings as in a court of Sessions. At any rate things have happened and one cannot redeem it. However, the argument is that the petitioner has remained in custody for about 33 months and the trial is pending only because the I.O. of the case is not turning up for his evidence. - 2 - I find that Beldour P.S.Case No.04 of 2004 is the police case out of which Sessions Case No.168 of 2008 arose and that is being tried by the Sessions Judge, Khagaria. I direct the Superintendent of Police, Khagaria to issue an order and send a copy of the same to his counter part after ascertaining whereabouts of investigating officer of Beldour P.S.Case No.4 of 2008, stopping the salary of the officer till he produces a certificate from the learned trial Judge that he had appeared for his evidence and he had been discharged after he had tendered his evidence fully and completely. The Superintendent of Police, Khagaria shall attach a copy of this order with his office order to the above effect while sending the same to his counter part of another district where the officer might be posted. It is expected that the exercise is complete within a week the copy of the present order is received by the Superintendent of Police, Khagaria from the office of this court or from the office of the learned trial Judge so that the I.O. of the case is produced in court within three week for his evidence which dates shall be fixed by the - 3 - learned trial Judge. The learned trial Judge may reschedule the date if the I.O. comes ahead of the date which could already be fixed in the trial records by informing the counsel of the accused that he was doing it at the direction of this court so that the I.O. is examined in this case. The court believes that in another two week time the defence of the accused persons shall be recorded and another 15 days could be earmarked for addressing argument so that the end of the three months, the judgement could be delivered by the learned trial Judge. This petition is disposed of with the above directions. B.Kr. ( Dharnidhar Jha, J. )