Aftab Alam, J.

1. In this petition filed under Articles 226 and 227 of the Constitution the petitioner prayed for a writ in the nature of habeas corpus for recovery and production of his mother, who according to him, was abducted to prevent her from being examined as witness in a criminal trial. In the writ petition many allegations are made mainly against Prabhunath Singh who is the sitting M.P. from Maharajganj constituency in the district of Chapra and who is described as one of the leaders of the ruling party in the State. It is stated that for the murder of the petitioners brother Rajendra Rai and one Daroga Rai [Masrakh (Panapur) PS case No. 62 of 1995], Prabhunath Singh along with some other accused was facing trial in Sessions Trial No. 19 of 2003 in the court of the 7th Addl. Sessions Judge, Bhagalpur. The trial court had earlier closed the prosecution evidence even though some material eye-witnesses were not examined but on 23.10.2006 it allowed a petition filed under Sec.311 of the Code of Criminal Procedure fixing 3.11.2006 as the last date for examining Lalmuni Devi, the mother of the petitioner and Rajendra Rai, one of the victims of murder.

2. It is alleged t