IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.928 of 2007 PRATIMA SINGH @ PRATIBHA DEVI Versus STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Ratnakar Jha, Advocat For the State : AC to SC XIV 5 27/4/2009 Petitioner was married with respondent no.6 Shyam Singh s/o Nageshwar Singh, resident of village – Semaria, P.S. Dev Delav, District – Rewa (M.P.) in the year, 1984. Thereafter a complaint was filed and cognizance was taken under section 406 & 498(A) of the Indian Penal Code against respondent no.6 Shyam Singh and respondent no.7 Nisha Devi w/o Shyam Singh. Against the cognizance the respondent nos. 6 & 7 filed Cr.Misc.No.44987 of 2005 which was dismissed for default subsequently. It is the case of the petitioner that even though warrant of arrest and process under Section 82/83 Cr.P.C. were issued against the respondent nos. 6 & 7, they have not yet been produced before the trial court concerned. On behalf of the State a counter affidavit has been filed stating that warrant of arrest and process under section 82/83 Cr.P.C. have been issued but the 2 police are unable to locate and arrest the respondent nos. 6 & 7 because they are living elsewhere. It is strange that though a long period has elapsed after issuance of warrant of arrest and attachment order under section 82/83 Cr.P.C., the respondent nos. 6 & 7 have yet not been apprehended by the police to produce them before the trial court. In the above circumstances, I direct the 5th respondent, the Superintendent of Police, Kaimur Bhabhua to take all necessary steps to apprehend the respondent nos. 6 & 7 as early as possible and produce them before the trial court. The action taken report should be submitted to the concerned trial court where the case is pending. In case accused respondent nos. 6 & 7 are reported to be residing outside the State of Bihar then the action in that situation should be taken by the State Government through the respondent no.3 Director General of Police, Bihar, Patna. Respondent no.3 will make aware about the actions taken by him to the trial court concerned by submitting a report. With the aforesaid direction this petition is 3 disposed of. Neyaz/ (J. B. Koshy, CJ.)