Lal Babu Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28326 of 2021 Arising Out of PS. Case No.-239 Year-2019 Thana- DIGHWARA District- Saran ====================================================== Lal Babu Bhagat Son of Late Fekan Bhagat Resident of Mohalla - Sanchi Patti, P.O.- Hajipur, P.S.- Hajipur Nagar, District - Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anu Devi Wife of Late Jay Prakash D/O Nandlal Mahto, At present resident of village - Basti Jalalpur, P.S.- Dighwara, District - Saran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar @ S.K.
For the Opposite Party/s :
Mr.Surendra Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2022 Heard counsel for the parties.
This application has been filed by the petitioner for transfer of a criminal case baring Enquiry No. 505 of 2021 arising out of Dighwara PS Case No. 239 of 2019 from the court of Judicial Magistrate Ist Class, Saran at Chapra to appropriate court either under the Judgeship of Vaishali at Hajipur or Patna which was filed by the petitioner against Opposite Party No. 2 and others for the offence registered under Sections 302, 120(B) of the Indian Penal Code.
It is submitted on behalf of petitioner that petitioner is facing too much difficulty due to threat given by the Opposite Party No. 2 and others. Due to illness and financial condition he
Patna High Court CR. MISC. No.28326 of 2021(2) dt.29-06-2022 2/2 is not in a position to take stress and he is unable to contest the case at Chapra and there is threat on life of petitioner when he goes to Chapra alone to attend the case.
Mere apprehension of threat and inconvenience of the party is no ground for transfer. Allegation of threat is vague and no details have been given. In absence of particulars transfer order cannot be passed.
This transfer application is accordingly, dismissed. (Prabhat Kumar Singh, J) vinita/- U T