IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37149 of 2011 Md. Asraf, S/O-Md. Nabi Hassan Versus The State Of Bihar ---------------------------------- 02 17.11.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the deceased is in jail custody for more than five years in a case registered under Sections 304B, 201/34 of the Indian Penal Code but learned trial court has noted down in the impugned order dated 14.06.2011 passed in Sessions Trial No. 17 of 2007 that almost all the witnesses have already been examined except Investigating Officer and the trial of the petitioner is on the verge of conclusion. Considering the aforesaid facts and circumstances as well as submissions of the parties, this petition stands disposed of with direction to learned Additional Sessions Judge, Fast Track Court-I, Samastipur to conclude the trial of the petitioner within two months from the date of receipt of this order and shall also take all steps to procure the attendance of concerned Investigating Officer. Let a copy of this order be sent to Superintendent of Police, Samastipur for procuring the attendance of Investigating Officer of Bidyapatinagar P.S. Case No. 85 of 2006 with direction to him that if the Investigating Officer of the aforesaid case is not produced before the court concerned and the accused gets acquittal on account of non- examination of the concerned Investigating Officer, the entire responsibility shall go on the shoulder of the concerned - 2 - Superintendent of Police, Samastipur. It is also made clear that if trial of the petitioner is not concluded within above stated period of two months, the petitioner shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of trial court. Let this order be communicated to the court of Additional Sessions Judge, Fast Track Court-I, Samastipur in connection with Sessions Trial No. 17 of 2007 arising out of Bidyapatinagar P.S. Case No. 85 of 2006 as well as Superintendent of Police, Samastipur for needful. SHAHZAD (Hemant Kumar Srivastava, J )