IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1099 of 2007 MOST.MAIMUN NESHA Versus THE STATE OF BIHAR & ORS ----------- 2 19.11.2008 In the instant writ petition the petitioner is the mother of Late Manir Alam who died in the year 2005 while working in one of the companies in Dubai (United Arab Emirates). The concerned company in consultation with Consulate General of India, Dubai processed the compensation amount to be paid to her. It is alleged that accused no.2 Harish Chandra Srivastava set up a fake lady namely Mainul Nesha for accepting the compensation amount and for this purpose he got a Bank account opened in the name of Mainul Nesha in Canara Bank, Gopalganj on 18.1.2006. It is further alleged that a draft of sum of Rs.21,76,541/- was prepared in favour of the petitioner by the concerned Bank in Dubai but the accused no.2 some how in connivance with the Bank employee of Canara Bank got the aforesaid sum illegally transferred to the account of Mainul Nesha. It is alleged that when the petitioner learnt about it, she filed the instant F.I.R. bearing Gopalganj P.S. CaseNo.411 of 2006 dated 15.11.2006 under sections 420, 419, 418, 465/46, 471,120B/34 of the Penal Code. Learned counsel for the petitioner submits that accused no.2 Harish Chandra Srivastava is absconding and the investigation against him is pending. Learned counsel for the State submits that one accused was arrested and the two accused surrendered in the court below. He - 2 - KHAN further submits that all steps are being taken to nab the accused Harish Chandra Srivastava. He submits that charge sheet submitted against all the accused showing accused no.2 Harish Chandra Srivastava as absconder. Having considered the facts and circumstances of the case, the respondents-police authorities are directed to take all coercive measures including process under sections 82 and 83 Cr.P.C. for compelling the appearance of accused no.2 Harish Chandra Srivastava at the earliest. With the aforesaid observation and direction, this writ petition stands disposed of. (S.P.Singh,J)