Asha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18493 of 2016 Arising Out of PS.Case No. -200 Year- 2003 Thana -DANAPUR District- - ===========================================================

1. Asha Devi W/o Late Satya Narayan Sinha, Resident of village- Sarari, P.O. & P.S.- Shahpur, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rit Lal Yadav son of Ramashish Rai, Resident of village- Kothwan, P.S. Khagaul, Patna

3. Sunil Yadav @ Kana son of Yugal Rai, Resident of village- Bari Badalapur, P.S. Khagaul, Patna

4. Ranjan Kumar Yadav @ Benga Yadav son of Ram Sakal Rai, Resident of Mohalla- New Sabajpura, P.O. & P.S. Khagaul, District- Patna

5. Sharwan Rai @ Sharwan Kumar Rai son of Suresh Rai, Resident of villageKothwan, P.O. & P.S. Khagaul, Patna .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Suresh Prasad, Advocate For the Opposite Party/s : Mr. Atul Chandra, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 13-05-2016 The Petitioner seeks transfer of Sessions Trial No.246 of 2006 and Sessions Trial No.246(A) of 2006 both arising out of Danapur P.S. case No.200 of 2003 from the court of Additional Sessions Judge 1st, Patna to the court of Additional Sessions Judge IVth, Patna or any other court of competent jurisdiction. It has been submitted that it was on erroneous ground that the Sessions Judge, Patna transferred the Sessions Trials. The Counsel for the Petitioner is unable to satisfy this Court that he will be prejudiced if the matters are heard by the

Patna High Court Cr.Misc. No.18493 of 2016 dt.13-05-2016 2/2 Additional Sessions Judge 1st, Patna. He cites a decision reported in 2002(3) PLJR 642, paragraph 7 Raj Kali Devi vs. The State of Bihar & ors.

However, I find that the facts of the case are not applicable to the present case and hence finding no merit in the application, the same is dismissed.

The Trial Court is directed to conclude both the trials positively within a period of three months from the date of receipt of this order without granting unnecessary adjournments to any party on any ground whatsoever.

(Anjana Prakash, J) Narendra/- AFR/NAFR NAFR CAV DATE Uploading Date 17.05.2016 Transmission Date 17.05.2016