IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37954 of 2008 DR.VIJAY KUMAR CHAUDHARY @ VIJAY KUMAR CHAUDHARY, SON OF LATE J.N.CHAUDHARY, RESIDENT OF HAZI SARAI, P.S. GHOSHI, DISTRICT JEHANABAD------------------------PETITIONER. Versus STATE OF BIHAR-----------------------OPPOSITE PARTY. For the Petitioner : M/S Kanhaiyaa Pd. Singh, Sr.Adv.,Ashutosh Kumar, Advocates. For the Informant : Mr. Anil Pd. Singh, Advocate. For the State : Mr. R.B.Roy Raman, APP. ----------- 04. 12.12.2008. After arguing the matter at some length, senior counsel for the petitioner has chosen to withdraw this application, which is dismissed as withdrawn with direction to the court below(C.J.M., Araria) to commit the case(Forbesganj P.S. Case No. 292 of 2008) to the court of Sessions forthwith if not already committed and thereafter trial court should proceed with the trial and conclude the same and examine not only the private witnesses but also the guards of the adjoining Referral Hospital, Forbesganj as also the Medical Officer who conducted autopsy on the person of the deceased so as to complete the examination of the witnesses within a period of six months from the date of framing of charge. Charge should also be framed within a period of two weeks of the commitment. These directions have been passed considering the fact that petitioner is an Assistant Surgeon posted in Sadar Hospital, Araria and practicing in the town of Forbesganj having established a private clinic where the deceased served as a nurse. In the event trial is not concluded within the time frame indicated in this order on account of laches on the part of the informant, petitioner shall have the liberty to renew prayer for bail before this Court. Rajesh/ (V.N.Sinha, J) - 2 - Rajesh/