Kiran Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34232 of 2017 ======================================================

1. Kiran Devi wife of Awadhesh Kumar Sah resident of village - Girdhar Baraw, Police Station - Navanagar, District - Buxar, Presently Daughter of Ramadhar Sah, resident of village - Mukundpur, Police Station - Charpokhari, District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Awadhesh Kumar Sah son of Shiv Kumar Sah resident of village - Girdhar Barnaw, Police Station - Navanagar, District - Buxar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-07-2017 Heard learned counsel for the parties.

This application under Section 407 of the Code of Criminal Procedure, 1973 has been filed for transfer of Matrimonial Case No. 70 of 2017 filed under Section 13 of the Hindu Marriage Act, 1955.

In my view, an application under Section 407 of the Code of Criminal Procedure, 1973, cannot be maintained for transfer of the matrimonial case instituted under Section 13 of the Hindu Marriage Act, 1955.

This application is dismissed as not maintainable. The petitioner shall have liberty to take recourse to appropriate provision of law for seeking transfer of the case. (Chakradhari Sharan Singh, J) ArunKumar/- U