Munna Swarnkar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22114 of 2016 Arising Out of PS.Case No. -139 Year- 2014 Thana -MAHISI District- SAHARSA ===================================== Munna Swarnkar, son of Mahabir Swarnkar, resident of Village- Bari Ashiqpur, P.S.- Jamalpur, Dist- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Niro Devi, D/o Bhadai Sada, resident of VillageMahpura, P.S.- Mahisi, District- Saharsa. .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Atul Chandra (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-12-2016 Heard.

This application, under Section 407 of the Code of Criminal Procedure, has been filed seeking transfer of Mahisi P.S. Case No. 139 of 2014 from the Sessions Division, Saharsa to Sessions Division, Katihar. The petitioner is an accused in that case, which has been registered for the offences punishable under Sections 367 and 374 read with Section 34 of the Indian Penal Code. On perusal of the application, seeking transfer, I

Patna High Court Cr.Misc. No.22114 of 2016 (2) dt.13-12-2016 2/2 find that except for a sweeping statement that if the case is tried at Saharsa, there is every chance that the petitioner will not get justice, there is nothing to make out a case for transfer under Section 407 of the Code of Criminal Procedure.

There is no merit in this application, which is, accordingly, dismissed.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T