Raj Kishore Prasad @ Kishori v. The State Of Bihar
Patna High Court Cr.Misc. No.12604 of 2015 (3) dt.11-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12604 of 2015 Arising Out of PS.Case No. -19 Year- 2012 Thana -PATNA GRP CASE District- PATNA ======================================================
1. Raj Kishore Prasad @ Kishori, Son of Ganauri Mahto, resident of village - Hasan Chak, Chauriya, P.S. Harnaut, Distt. - Nalanda at Biharsharif .... Petitioner
Versus
1. The State of Bihar .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Amrendra Kr. @ Dr. Amrendra Kr. Adv. For the State : Mr. Suresh Pd. Singh (App) For the informant : Mr. Arun Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 11-05-2016 Perused the report, which is at flag 'C'.
It has been reported that fifteen prosecution witnesses have been, so far, examined and only one witness remains, who is to be examined, is a doctor for which summon has already been issued fixing 08.05.2016.
The learned counsel for the informant, however, submits that the doctor, who conducted the post mortem examination, has already been examined and the doctor, who is yet to be examined, has treated the victim.
Hence, the trial Court is directed to ensure the attendance of the witness by issuing process through Senior Superintendent of Police, Patna, and the Senior Superintendent of Police is directed to ensure the attendance of the witness, on the process issued by the Court, without any laches, on the date fixed, as the petitioner is in jail custody for more than four years so that the evidence of the prosecution witness be closed at the earliest, preferably in the month of May, 2016.
With this direction, this petition is disposed off. However, it may be noted that the authority, concerned, will be held responsible, for non-compliance of the order for not ensuring the attendance of the witness, who has not yet been examined.
(Gopal Prasad, J) SA/- U √ T √