Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7940 of 2017 Arising Out of PS.Case No. -10 Year- 2000 Thana -BARH District- PATNA ====================================================== Sunita Devi, aged about 42 years, W/o Late Upendra Yadav, Resident of village Bhatha, P.S. Belchhi, District- Patna .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate. For the Opposite Party/s : Smt. Reena Sinha, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-03-2017 The present application under Section 407 of the Code of Criminal Procedure 1973 has been filed seeking transfer of Sessions Trial No. 245 of 2008 arising out of Barh (Belchi) P.S. Case No. 10 of 2000 to any other court of equivalent jurisdiction.

The ground which has been taken for transfer is that the petitioner has filed Cr. Misc. No. 16627 of 2017 in this court challenging an order dated 29.02.2016 passed by the court below rejecting the petitioner's application under Section 311 of the Code of Criminal Procedure. Despite the information with respect to filing of the said case having been given to the court below, the court below is said to have released the accused on bail. That cannot be at all a valid ground of transfer of the case in exercise

Patna High Court Cr.Misc. No.7940 of 2017 (2) dt.23-03-2017 2/2 of power under Section 407 of the Code of Criminal Procedure, 1973.

I do not find any merit in this application and accordingly, this application is dismissed.

(Chakradhari Sharan Singh, J.) Mishra U T