IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.569 OF 2009 USHA DEVI, DAUGHTER OF BRIJNANDAN CHOUDHARY, RESIDENT OF VILLAGE AT SHEKHOPUR, P.S. DEEPNAGAR, DISTRICT NALANDA………………………………………………………..………PETITIONER VERSUS 1. THE STATE OF BIHAR 2. DIRECTOR GENERAL OF POLICE, BIHAR 3. SUPERINTENDENT OF POLICE, JEHANABAD 4. THE OFFICER INCHARGE, POLICE STATION, GHOSHI 5. ARJUN CHOUDHARY, SON OF LAKHAN CHOUDHARY, RESIDENT OF VILLAGE AT BELAI, P.S. GHOSHI, DISTRICT JEHANABAD……………………………………….………RESPONDENTS ----------- 3. 30.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner, who is wife of respondent no.5, has prayed in this writ application for a direction to respondents-authorities to execute warrant of arrest issued by the Sub-Divisional Judicial Magistrate, Nalanda at Biharsharif in Complaint Case No.395/94 against respondent no.5. A counter affidavit has been filed in this case by the Assistant Superintendent of police, Jehanabad in which it is stated that since respondent no.5 was evading his arrest, order of attachment was issued which has also been executed. However, respondent no.5 still has not appeared before the court below. - 2 - In the circumstances, since respondent no.5 has been declared as absconder, the court of Sub-Divisional Judicial Magistrate, Nalanda at Biharsharif is at liberty to take steps in respect of the trial pending before it, as may be warranted by law. The writ application is disposed of with the aforesaid observation. B.T (J. N. Singh, J.)