Reena Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50844 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Sheohar ====================================================== REENA KUMARI Daughter of Gagandeo Rai Resident of Village - Puna Pur, P.S.- Aurai, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mohan Kumar Son of Sitaram Rai Resident of Village - Sarif Nagar, P.S.- Tariyani, District - Sheohar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2022 Heard the parties.

The petitioner has filed this petition under Section 407 of the Code of Criminal Procedure for transfer of Matrimonial (Divorce) case No. 07/2021, which is pending in the court of Principal Judge, Family Court, Sheohar to Principal Judge, Family Court, Sheohar on the ground that petitioner is a lady and is wife of O.P. No.2 and she lives in the district of Muzaffarpur. It is submitted that when she went to Sheohar, O.P. No.2 gave her threatening to kill as a result of which she left Pairvi in the case. However, in support of her assertion she has not annexed any document or chit of paper.

Learned counsel for the other side opposed the prayer

Patna High Court CR. MISC. No.50844 of 2021(2) dt.07-07-2022 2/2 and submits that mere apprehension which is based on no evidence cannot be a ground for transfer of the case. This application sans merit and is, accordingly, dismissed.

(Prabhat Kumar Singh, J) BKS/- U T