Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4555 of 2012 ====================================================== 1. Ramawati Devi Wife Of Late Shambhu Sharan Mishra Resident Of Village-Nandpur, P.O.-Balua, P.S. Brhmapur, District-Buxar At Present Mohalla-Gola Bazar, Buxar, P.S.-Buxar, Town, District-Buxar .... .... Petitioner/s Versus 1. The State Of Bihar through the Secretary, Personnel & Administrative Reforms Department, Government Of Bihar, Patna 2. The Collector, District-Buxar 3. The Deputy Collector, Establishment, Dist.-Buxar 4. The Sub Divisional Officer, Buxar, District-Buxar 5. The Superintendent Of Police, Dist.-Buxar 6. The Accountant General (A & E), Bihar, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Madheshwar Singh, Advocate For the Respondent/s : Mr. Amarendra Kumar, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 3 18-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. The grievance of the petitioner is that her husband who was serving as a Clerk in the office of Sub-Divisional Officer, Buxar, has become traceless since 3.11.2008 and the matter was also reported to the Police Station on 17.2.2009 and finally an FIR being Buxar Town P.S.Case No. 211/2009 dated 13.8.2009 was registered under [STATUTE] when the complaint petition filed before the Chief Judicial Magistrate, Buxar was referred to the police under Section 156(3) Cr.P.C. for investigation. The stand of the petitioner is that in view of the fact that the husband of the petitioner has become traceless for such a long time, she should be entitled to the death Patna High Court CWJC No.4555 of 2012 (3) dt.18-06-2012 2 / 2 2 cum retiral benefits. In the counter affidavit filed on behalf of the State the stand taken is that as per the circular letter dated 24.2.1990 issued by the Department of Finance, Government of Bihar, payment of family pension, provident fund and other death cum retiral due is to be made after police report verifying/proving that the employee is in fact, traceless has been received and necessary sanction of the Department has been obtained. It is further submitted that in this regard letters have been sent from the Collectorate, Buxar on 24.3.2011, 4.8.2011 and again on 10.2.2012 to the Superintendent of Police, Buxar but no final report has yet been received from the police. In the counter affidavit filed by the Superintendent of Police, Buxar it is stated that police is trying to trace the employee but nothing has been stated as to within what time the investigation would be concluded and final report submitted. In the above circumstances, respondent no.5, the Superintendent of Police, Buxar is directed to ensure that the investigation in the matter is concluded and the enquiry report submitted in the present matter within a period of six months from today. Thereafter the respondent-authorities shall take appropriate action in the light of the circular letter dated 24.2.1990 of the Finance Department. The writ application is, accordingly, disposed of with the aforesaid observations and directions. S.Pandey/- (Ramesh Kumar Datta, J)

Applicable IPC Section: 364

Statute Text:
Section 364 of the Indian Penal Code. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.