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Patna High CourtCR. MISC./59019/2021dismissed

Krity Rathore v. The State Of Bihar

2022-06-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59019 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Bhojpur ====================================================== Krity Rathore Daughter Of Sh. Ravi Shankar Singh, Wife Of Sh. Mani Bhushan Kumar Singh Resident Of Village - Bachari, Post - Akhgaon, Police Station - Sandesh, District - Bhojpur Presently Residing At Rathore Market, Near Kurthaul Gumti, Gaya Line Road, N.H. 83 Police Station - Parsa, District - Patna ... Petitioner

Versus

1.

The State Of Bihar 2.

Mani Bhushan Kumar Singh @ Mani Bhushan Singh Son Of Sh. Mahesh Prasad Singh Resident Of Village - Bachari, Post - Akhgaon, Police Station - Sandesh, District - Bhojpur.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Manoj Kumar, Advocate For the Opposite Party :

Mr.Shyameshwar Dayal, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2022 Instant petition has been filed for transfer of Divorce Case No. 66 of 2021 pending in the Court of the Principal Judge, Family Court, Bohjpur at Ara to the Principal Judge, Family Court, Patna.

Learned counsel for the petitioner submits that opposite party no.2 and his family members threatened the petitioner to face dire consequences. It is also the case of the petitioner that opposite party no.2 has never maintained the petitioner, as such, she is economically weak. She resides with her parents at Patna and to pursue the case at Ara is difficult to her.

Learned counsel for the other side opposed the prayer

Patna High Court CR. MISC. No.59019 of 2021(2) dt.29-06-2022 2/2 and submits that mere apprehension of dire consequences at the hands of the opposite party no.2, which is based on no evidence, cannot be a ground for transfer of the case.

Heard learned counsel for the petitioner and the State. In absence of any document or a chit of paper, mere apprehension of the petitioner is no ground for transfer of the case. Apprehension of the petitioner is imaginary based on conjectures and surmises.

This application sans merit and is accordingly dismissed.

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