IN THE HIGH COURT OF JUDICATURE AT PATNA OCR. MISC (DB) No.7 of 2010 THE STATE OF BIHAR . Versus DADAN SINGH,OFFICER,I/C GOPALGANJ, Police Station . ----------- 7 02.05.2011 The present case arises out issuance of show cause notice against one Dadan Singh, Officer, I/C, Gopalganj on the ground that he has not respected the show cause issued by the Principal Judge, Family Court, Gopalganj with regard to execution in Execution Case No. 01 of 2008. The facts of this case would go to show that the opposite party contemnor has been directed to produce one Amaresh Nandan Prasad, who happens to be the judgment debtor in the aforesaid case. But, however, the said Amresh Nandan Prasad was not produced by him irrespective of the directions issued by court below and also he was not physically present before the court below. The Principal Judge, Family Court, Gopalganj has reported the matter to the Registrar General of this Court by his letter dated 7th April, 2010 to initiate a contempt proceeding against Sri Dadan Singh, Officer-in-charge of Gopalganju Police Station District Gopalganj for showing disrespect to 2 the notice issued by the Court below. The opposite party-contemnor was directed to produce said Amresh Nandan Prasad in Execution Case No. 01 of 2008. The above case was filed by one Sangeeta Devi against the aforesaid person. But, however, the opposite party-contemnor herein could not be produced by him before the court below. According to the learned counsel appearing on behalf of the contemnor-opposite party Dadan Singh, Officer In-charge, a report dated 09.04.2009 has already been filed that the said Amresh Nandan Prasad is absconding but the said fact has been disputed by the learned counsel appearing on behalf of the State. It has also been submitted that in response to the order issued by this Court directing the Officer In-charge to be present personally, the said police Officer, namely Dadan Singh is physically present before this court and has also expressed that the said Amresh Nandan Prasad could not be traced out as it reveals that he has shifted to Nepal which is nearby to the border of District Gopalganj. The Officer In-charge, Gopalganj Police Station urges before us that as he could not make himself personally present before the 3 lower Court as such he has filed apology petition on 18.12.2010 seeking apology before the Court below for his conduct. The said petition is still pending for passing an appropriate order by the Court below. Learned counsel for the State has submitted that the opposite party-contemnor herein has shown disrespect to the show cause issued by the Court below and also has not produced the said Amaresh Nandan Prasad who has very much available in the village. But, However in view of the statement made by the opposite party-contemnor to the effect that the judgment debtor has shifted to Nepal, this Court is of the opinion that an opportunity may be afforded to Dadan Singh, Officer In-charge of Gopalganj Police Station to produce the said Amresh Nandan Prasad within a period of two months from the date of receipt of a copy of this order before the court below. It is also made clear that the said Officer In- charge could file a report before the concerned court and the Court below should act in accordance with law on filing of such report. It is also made clear that the court below should also pass an appropriate order on the 4 petition filed on 18.12.2010 seeking apology within a period of two months from the date of receipt of a copy of this order. With the above observation this case is closed. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)