Anvesha Devi @ Anvesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25356 of 2022 Arising Out of PS. Case No.-992 Year-2021 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== ANVESHA DEVI @ ANVESHA Wife of Dr. Anjani Kumar Singh D/o Kumar Amarnath, Resident of Village - Bandipur, P.O. and P.S.- Ramgarh, District - Kaimur (Bhabhua) at present residing at Mohalla - Gaurakshani, Saheb Colony, Gali No.- 5, P.S.- Sasaram (T), District - Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dr. Anjani Kumar Singh Son of Dr. Hira Singh Resident of Village - Bandipur, P.O. and P.S.- Ramgarh, District - Kaimur (Bhabhua) 3.

Dr. Hira Singh Son of Late Nagina Singh Resident of Village - Bandipur, P.O. and P.S.- Ramgarh, District - Kaimur (Bhabhua) 4.

Veena Devi Wife of Dr. Hira Singh Resident of Village - Bandipur, P.O. and P.S.- Ramgarh, District - Kaimur (Bhabhua) 5.

Rinku Devi Wife of Sanjay Singh Resident of Village - Bandipur, P.O. and P.S.- Ramgarh, District - Kaimur (Bhabhua) 6.

Sanjay Singh Son of Late Ramsurat Singh Resident of Village - Bandipur, P.O. and P.S.- Ramgarh, District - Kaimur (Bhabhua) 7.

Alok Kumar Singh Son of Dr. Hira Singh Resident of Village - Bandipur, P.O. and P.S.- Ramgarh, District - Kaimur (Bhabhua) 8.

Vinit Singh Son of Sanjay Singh Resident of Village - Bandipur, P.O. and P.S.- Ramgarh, District - Kaimur (Bhabhua) 9.

Priya Singh Wife of Niraj Singh D/o Hira Singh, Resident of Village - Bandipur, P.S.- Ramgarh, District - Kaimur.

10.

Jaya Singh Wife of Rahul Singh D/o Hira Singh, Resident of Village - Pipariya, P.S.- Mohania, District - Kaimur (Bhabhua) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2022 Heard learned counsel for the parties.

Petitioner, who is wife of opposite party no. 2, is seeking transfer of Complaint Case No. 992 of 2021 from Civil

Patna High Court CR. MISC. No.25356 of 2022(2) dt.07-07-2022 2/2 Court, Kaimur (Bhabhua) to Civil Court, Rohtas (Sasaram) on the ground that after being ousted from her in-laws (opposite party no. 2 to 8) at Kaimur, the complainant (petitioner herein) is presently residing with her father at Rohtas and her father is poor farmer, having no source of income to contest the case at Kaimur. In the present petition, it is also stated that the petitioner also feels danger to her life to do pairvy in the case at Kaimur (Bhabhua).

However, learned counsel for opposite parties vehemently opposes the prayer for transfer of complaint case. Mere convenience of a party cannot be a ground for transfer. If the petitioner (complainant) is not in a position to meet the expenses of travelling etc., she has got remedy to file maintenance case. However, as submitted by learned counsel for the petitioner (complainant), till date, no case for maintenance has been filed by the petitioner.

In view of aforesaid fact, this Court is not inclined to allow this petition, filed for transfer of a complaint case from one judgeship to another and accordingly, it stands dismissed. (Prabhat Kumar Singh, J) anay/- U T