Sunny Kumar @ Sunny Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43452 of 2019 Arising Out of PS. Case No.-89 Year-2016 Thana- ISHIPUR District- Bhagalpur ====================================================== SUNNY KUMAR @ SUNNY KUMAR SINGH, Son of Devanand Singh, Resident of Village - Hajipur-Billour, P.S.- Barh, Distt- Patna. ... ... Petitioner
Versus
1.
THE STATE OF BIHAR 2.
The Senior Superintendent of Police, Bhagalpur. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Sen Prasad Singh For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 This application has been filed for transfer of Sessions Trial No. 378 of 2017, arising out of Isipur Barahat P.S.Case No. 89 of 2016, registered under Sections 304B/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act, from the court of Additional Sessions Judge-VII, Bhagalpur to Sessions Division, Patna.
This application has been filed by the informant of the case on the ground that the informant and his witnesses are being threatened by the accused persons there not to depose in the case, as such there is apprehension of danger to life of the informant and his witnesses.
On query, learned counsel for the petitioner has failed to satisfy this Court as to whether he has lodged any complaint
Patna High Court CR. MISC. No.43452 of 2019(2) dt.16-07-2019 2/2 before the court or before the Senior Police Officials about the threatening to the witnesses and the informant. In such view of the matter, mere apprehension of danger to life is not a ground for transfer of the case from Bhagapur to Patna.
Accordingly, I find no merit in this application, which is dismissed.
However, it is always open to the informant-petitioner and his witnesses to approach the police or court that they are being threatened by the accused persons.
(Vinod Kumar Sinha, J) spal/- U T