IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16591 of 2010 MUKESH KUMAR MANDAL Versus THE STATE OF BIHAR ----------- 3. 23.6.2010. Heard. By the report submitted by the learned trial Judge which appears at flag-X, it has been communicated to this court that in spite of summons issued against the I.O. and the doctor who are the only witnesses to be examined in the trial so that the trial could be concluded they had not appeared for evidence. The court does not find any option than to order that the learned trial Judge send the names of the investigating officer and the doctor to Superintendent of Police, Madhubani and Civil Surgeon, Madhubani, who shall in turn issue orders stopping payments of salaries to the I.O. and the doctor. In case of retirement pensionary benefits, including payment of pension to them shall remain stopped, till they produced certificate from the learned trial Judge who is trying Sessions trial No.764 of 2007/16 of 2009 that they had appeared before the learned 2nd Additional Sessions Judge, Madhubani and had deposed fully in court in connection with the - 2 - above trial. The Superintendent of Police and Civil Surgeon may be informed that both of them may be made accountable if the two witnesses are not produced before the learned trial Judge in one month’s time from the date of receipt of the present order, on a report being so made by the learned trial Judge to this court so that the trial is concluded in a maximum period of six months’ time by delivery of judgement from the date of receipt of the copy of the present order. The office of the court shall ensure that the present order is satisfactorily and surely transmitted to the court below. If the petitioner is so advised he may also produce a copy of the order before the court below to assist it properly. As regard the prayer for bail, the same is again dismissed. B.Kr. ( Dharnidhar Jha, J. )