Shweta Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17887 of 2016 Arising Out of PS.Case No. -87 Year- 2015 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) =========================================================== Shweta Singh .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. S. Dayal, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH JUDGMENT AND ORDER ORAL Date: 19-12-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State.

2. This application, under Section 407 of the Code of Criminal Procedure, 1973, has been filed for transfer of Ramgarhwa Police Station Case No. 87 of 2015, which has been registered for the offences punishable under Sections 341, 342, 323, 498A, 317, 406, 504 and 506 of the Indian Penal Code, from the Court of the learned Sub Divisional Judicial Magistrate, East Champaran, at Motihari to a Court of equivalent jurisdiction in Saran Judgeship, at Chapra.

3. The petitioner is the wife of Opposite Party No. 2. The sole plea, which has been taken for transfer of the

Patna High Court Cr.Misc. No.17887 of 2016 dt.19-12-2016 2/2 said case is that it is inconvenient for her to go to Motihari to pursue her case since she is living with her father at Chapra.

4. In my view, this cannot be a ground for transfer.

5. Reference, in this regard, may be made to the decision of the Supreme Court, in the case of Jyoti Mishra v. Dhananjay Mishra, reported in (2010) 8 SCC 803.

6. This application has no merit. It is accordingly dismissed.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 20.12.2016 Transmission Date 20.12.2016