IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.979 of 2009 SMT. VEENA DEVI D/O Late Amrit Baitha, resident of village-Bidupur, Dist Vaishali …………….Petitioner. Versus 1. STATE OF BIHAR, through Secretary, Department of Home, Government of Bihar, Old secretariat, Patna, Bihar. 2. The Health Secretary, Department of Health, Bihar, Patna. 3. The Director General of Police, state of Bihar, Patna. 4. The Deputy Inspector General of Police, Muzaffarpur. 5. The Superintendent of Police, Vaishali. 6. The Superintendent of Police, Kaithar. 7. The Officer in Charge of vaishali Town Police Station, at Hajipur. 8. The Officer in Charge of Bhagwanpur Police Station, at Hajipur. 9. The Officer In Charge of Rafiganj Police Staqtion, Dist Aurangabad. 10. Dr. Om Prakash Son of Late Etvari Baitha, Resident of village Prataptand, P.S.- Bhagwanpur, Dist Vishali, presentaly posted at Primary Health Centre, Block Rafiganj P.S-Rafiganj, Dist-Aurangabad. 11. Most Ramkali devi, Wife of etwari Baitha. Resident of Village Prataptand, P.S- Bhagwanpur, dist-Vaishalli. ………….Respondents ----------- 6 16.11.2010 This criminal writ jurisdiction has been filed for a direction to the official respondents to arrest private respondent No. 10, Dr. Om Prakash Singh son of Late Etvari Baitha, resident of village Prataptand, P.s-Bhagwanpur, Dist –Vaishalli, as well as Ram Kali Devi respondent No. 11 mother of the petitioner No. 10 The petitioner filed Complaint Case No. 154 of 1998 under Section 498-A, 494, 379, 323 of the Indian Penal Code and cognizance was taken on 12.4.1999 under Section 498-A, 494, 379, 323 of the Indian Penal Code. The petitioner states that Anticipatory Bail of her husband Dr. Om Prakash Singh (respondent No. 10), and Ram Kali Devi, her mother-in-law were earlier rejected. Cognizance was taken on 12.4.1999 under Section 498-A, 494, 379, 323 of the Indian Penal 2 Code. The petitioner states that in spite of issuance of process and rejection of bail application of respondent No. 10 even by Hon’ble Apex Court, he has not yet been arrested. A counter affidavit has been filed on behalf of Respondent No. 4, in which it is stated that Dr. Om Prakash Singh is evading arrest. It has been stated that Ram Kali Devi had died in the year 1996. The State submits that respondent No. 10 was last posted at a Primary Health centre, under Chief Medical Officer Aurangaband in the year 2003. However, he has not been attending office after his joining and his present whereabouts are not known . It appears that Dr. Om Prakash Singh respondent No. 10 is absconding since long evading arrest. Even process under Section 82/83 of Cr. P.C has been issued against him. The State will take all coercive measures to secure his arrest. The complainant would also be at liberty to inform the police or the Court, if he finds any clue or whereabouts of Respondent No. 10 Let a copy of this order be also communicated to the Director Health Services as well as Secretary Health for the needful This application stands disposed of with the aforesaid observations and directions. Let a copy of this order be also forwarded to C.J.M Vaishalli and S.P, Aurangabad. Prakash (Samarendra Pratap singh, J.)