IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.291 of 2007 GOPAL KUMAR Versus THE STATE OF BIHAR & ORS ----------- 5 11.8.2008 KHAN In the instant writ petition the petitioner seeks a direction to the respondents particularly respondents 2 to 5 to ensure the arrest of the criminals who are accused in Hisua P.S. Case No.65/05 dated 26.7.2005 under sections 364 to which section 302 of the Penal Code was added later. The main grievance of the petitioner is that one Ajay Singh who is named in the F.I.R. is absconding and several witnesses in course of investigation have named him. Learned counsel for the State submits that charge sheet has already been submitted against six accused persons and subsequently charge sheet has also been filed against two other accused persons who are absconding. He further submits that so far as Ajay Singh is concerned, his implication in the case has been found doubtful and as such he has not been sent up for trial. Learned counsel for the petitioner submits that against non submission of charge sheet against accused Ajay Singh, the petitioner has filed protest petition before the court below. Having considered the facts and circumstances of the case, it would be open for the petitioner to pursue his remedy before an appropriate forum. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)