Rajeev Ranjan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50112 of 2015 Arising Out of PS.Case No. -28 Year- 2013 Thana -DAUDPUR District- SARAN ======================================================
1. Rajeev Ranjan, Son of Sri Shivajee Roy, Resident of Village- Hilalpur, P.S.- Industrial Area, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Anita Kumari, Wife of Rajeev Ranjan and Daughter of Sri Ram Surat Yadav, Resident of Ariaon Ke Tola, P.S.- Daudpur, District- Saran at Chapra.
.... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.53588 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -null District- SARAN ======================================================
1. Rajeev Ranjan Son of Sri Shivajee Roy, Resident of Village - Hilalpur, Ward No. 2, P.O. - Hilalpur, P.S. - Industrial Area, District - Saran at Chapra.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Anita Kumari, Wife of Rajeev Ranjan and Daughter of Sri Ram Surat Yadav, Resident of Ariaon Ke Tola, P.S. - Daudpur, District - Saran at Chapra.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.50112 of 2015) For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh, APP (In Cr.Misc. No.53588 of 2015) For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 22-04-2016 The Petitioner seeks transfer of Daudpur P.S. case No.28 of 2013 from the court of Judicial Magistrate, 1st class, Saran as also Maintenance case No.62 of 2014 from the court of Principal Judge, Family Court, Chapra to any other Sessions Division within the territorial jurisdiction of the Hon'ble Court. It appears that there were three proceedings pending
Patna High Court Cr.Misc. No.50112 of 2015 (4) dt.22-04-2016 2/2 between the parties. One was a matrimonial matter, whereas the other two were maintenance and Complaint under 498A I.P.C. The matrimonial matter was transferred with consent to Muzaffarpur.
Now the Petitioner prays that the other two matters also be transferred to Muzaffarpur for convenience of the parties. A counter affidavit has been filed stating therein that the Opposite Party No.2 has already led her evidence in the maintenance matter.
In such circumstances, evidently she will not be inconvenienced in the maintenance matter even if the case is transferred to Muzaffarpur. As for the criminal Complaint the Petitioner submits that the reason for such transfer is because they were assaulted in the Court premises at Chapra and it would not be safe for them to go to Chapra for prosecuting the present case. Be that as it may, in the interest of justice both the matters are transferred to the relevant Courts within competent jurisdiction with consent to Patna with a direction that the proceedings shall be concluded within five months from the date of receipt of this order.
With the aforesaid observations, both the applications stand disposed of.
Narendra/- (Anjana Prakash, J) U T