Patna High CourtCR. MISC./57313/2017dismissed

Pushpa Sah v. State Of Bihar And ANR

2018-03-07Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57313 of 2017 Arising Out of PS.Case No. -183 Year- 2017 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Pushpa Sah, w/o Late Sushil Kumar Sah, resident of Village- Rohua Rajaram, P.S. Mushahri, District Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ritambhara, Daughter of Narendra Brahmchari, resident of- Daan Nagar, Ward Number- 5, P.S.- Khagaria Town, District- Khagaria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-03-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for opposite party No. 2.

The only ground for transfer of Complaint Case No. 183C of 2017 from Khagaria to Muzaffarpur is that several cases have been lodged at the instance of opposite party No. 2 against the petitioner in the district of Khagaria.

Be it noted that opposite party No. 2 is resident of Khagaria. The petitioner is mother-in-law of opposite party No. 2 and has been contesting cases lodged against him in various forums including Domestic Violence Act.

Learned counsel for the petitioner has submitted that it is difficult for her to contest so many cases at Khagaria where

Patna High Court Cr.Misc. No.57313 of 2017 (3) dt.07-03-2018 opposite party No. 2 resides. The opposite party No. 2 is daughter-in-law of the petitioner. It has also been submitted that the petitioner apprehends trouble at Khagaria. This cannot be a good ground for transferring the of Complaint Case No. 183C of 2017 relating to Domestic Violence Act to any other competent court of another jurisdiction. Since no good ground has been made out for transfer of the case, the transfer petition is dismissed. (Ashutosh Kumar, J) A.K.V./- U T