Section 34 in Criminal Court Rules of the High Court of Judicature at Patna
34. [ [Substituted by C.S. No. 29.]
A Magistrate making a commitment to the Court of Sessions, shall notify the same in Form No. (M)-7, Volume II) without delay, to that Court stating at the same time the number of days over which, in his opinion, the trial is likely to extend. The names of all the witnesses with their full addresses to be examined in the Court of Sessions, shall be appended to the said notice. A copy of the same shall be sent to the public prosecutor simultaneously. The public prosecutor shall, within a fortnight of the receipt of the copy, file in the court of Session, a list of witnesses whom he wants to be summoned in the case. The Sessions Judge shall then fix the date for trial and send intimation of the date and also the summons to be serve on the witnesses, direct to the Sub-Divisional judicial Magistrate concerned. He will also send intimation of the date fixed for trial to the District Magistrate and the public prosecutor. On receipt of the summonses the Sub-Divisional Judicial Magistrate shall have them served on the witnesses in accordance with the provisions of Section 62 of the Criminal Procedure Code. The District Magistrate and the local police shall be responsible to ensure the attendance of the witnesses on the dates fixed in the case.]
