IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1213 of 2008 KEDAR SINGH, S/O LATE JHAGARU SINGH, R/O VILLAGE MANIYARI, MIRCHAIYA TOLA, P.S. SITAMARHI, DISTRICT-SITAMARHI. -PETITIONER Versus 1. STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE SUPERINTENDENT OF POLICE, SITAMARHI. 3. THE DEPUTY SUPERINTENDENT OF POLICE, SITAMARHI. 4. THE INSPECTOR OF POLICE, SITAMARHI. 5. THE OFFICER INCHARGE OF P.S. SITAMARHI. 6. BABLU RAI, S/O FEKAN SAH. 7. UMA SHANKAR SAH, S/O FEKAN SAH. RESPONDENTS NO.6 AND 7 ARE RESIDENT OF VILLAGE –MANIYARI PURVA TOLA, P.S. SITAMARHI, DISTRICT-SITAMARHI. -RESPONDENTS 4 18.04.2009 It is the case of the petitioner that even though Sitamarhi P.S. Case no. 539 of 2007 was registered and is pending for two years no proper investigation is being conducted and Bablu Rai, respondent no.6 in this petition, was not even arrested. According to the petitioner, he is roaming about in the village but Police is giving a shut eye. A supplementary affidavit was filed stating that inspite of best effort he was not found and he was declared absconder and final report was filed as charge sheet no. 107 of 2009. With regard to the other accused Uma Shanker Sah 2 alias Rama Shanker Sah final report has been filed and this accused has not been sent up due to insufficient evidence. Police also approached the concerned Magistrate for arresting Bablu Rai and process under Section 83 of the Code of Criminal Procedure was also taken against him. In those circumstances, I direct respondent no.2, the Superintendent of Police, Sitamarhi, to see that he is searched and found out and take steps for arresting him and proper investigation is done. I also direct that if the investigation is not properly done by the present Investigating Officer, to entrust the investigation matter to a superior officer or Crime Branch for proper investigation as for two years the case is pending. The petition is disposed of accordingly. (J.B. Koshy, CJ.) AAhmad 3