IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1074 of 2008 SANJU DEVI daughter of Ganesh Thakur wife of Dr. Subash Chandra Thakur, resident of village Main Raoad, Shastri Nagar, P.S. Kasim Bazar, District Munger Versus 1. THE STATE OF BIHAR 2. The D. G.P. Bihar, Patna. 3. The D. I.G. Bhagalpur, Bihar. 4. The Superintendent of Police, Bhagalpur. 5. The Dy. S.P. Town, Bhagalpur. 6. The Officer-in-charge, Mojahidpur P.S. Bhagalpur 7. Dr. Subhas Chandra Thakur son of Sarjug Thakur resident of village Upari Gangti diganj, P.s. Mojahidpur, District Bhagalpur. ----------- 2 19/03/2009 This writ application has been filed contending that the police is not executing the warrant of arrest issued by the Principal Judge, Family Court, Munger on 15.2.2008 in Maintenance Case No. 66-M of 2006. In the said case the Family Court, Munger has directed respondent no. 7 Dr. Subhash Chandra Thakur to pay interim maintenance to the petitioner at the rate of Rs.1200/- per month. It is submitted by the learned counsel for the petitioner that since respondent no. 7 is not paying interim maintenance to the petitioner and he is trying to avoid the order of the Family Court, it has issued warrant of arrest against respondent no. 7 but the police is not executing the said warrant of arrest. A counter affidavit has been filed on behalf of respondent no. 4, the Superintendent of Police, Bhagalpur stating therein that on 14.12.2007 respondent no. 7 was arrested and forwarded to judicial custody but subsequently he was released on bail. It is further stated that again respondent no. 7 was apprehended on 18.12.2008 and has been sent to judicial custody and, therefore, the grievance of the - 2 - petitioner has already been redressed. But it is the duty of the police to present him before the Family Court. If the petitioner has got any grievance, he may approach the Principal Judge, Family Court for passing an appropriate order in accordance with law. With the above observation, this writ application stands disposed of. (J. B. Koshy, CJ.) AMIN