IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1020 of 2008 Rashmi Kiran, D/O Shri Binay Kuamr Sinha, W/O Shri Ratnesh Kumar Dutt Verma, R/O H.No.89,A.G.Colony, P.O.Ashiyana Nagar, P.S.Shastri Nagar, District-Patna.— Petitioner. Versus 1. The State of Bihar through the Home Secretary, Govt. of Bihar, Old Secretariat, Patna 2. The Union of India, Ministry of Defence through the Secretary, Govt. Of India, 101, South Block, New Delhi 3. The Director general of Police, Bihar, Patna 4. The Inspector General of Police (CID), Bihar, Patna . 5. The Senior Superintendent of Police, Patna 6. The Director General (Personnel/ EIB), Military Engineering Service, Engineer-in-chief Branch, integrated H.Q. of Ministry of Defence (Army), New Delhi. 7. The Officer-in-charge, Mahila Koshang, Kotwali P.S. Patna.— Respondents. ----------- 6. 21.1.2009. Petitioner lodged criminal case, which was registered as Shastri Nagar P.S.Case No.336 of 2007 under Section 498A, 406 of the Indian Penal Code and section ¾ of the Dowry Prohibition Act. Her husband Ratnesh Kumar Dutt Verma is an accused in that case. It is the assertion of the petitioner that though his application for grant of anticipatory bail has been rejected by this Court as also by the Supreme Court, still he is not surrendering in the case. Accordingly, prayer has been made for issuance of a writ in the nature of habeas corpus 2 for his production before this Court so that he could be remitted to custody of the court. Mr. S.D. Sanjay, appearing on behalf of the petitioner, submits that though the Magistrate, in seisin of the case, has issued proclamation and warrant of arrest, the police authorities are not implementing the same. Having heard Mr. Sanjay for the petitioner, JC to G.P.V for the State and taking into consideration the facts and circumstances of the case, we are of the opinion that remedy lies before the Magistrate, who is in seisin of the case. Needless to state that he shall take appropriate steps as permissible in law for production of the accused. Application stands disposed off with the observation aforesaid. ahk (C. K. Prasad,ACJ) (Shyam Kishore Sharma)