Patna High CourtCR. MISC./35530/2017dismissed

Ankoor Shrivastava @ Praneet Sumer v. State Of Bihar And ANR

2017-08-07Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35530 of 2017 Arising Out of PS.Case No. -728 Year- 2014 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ankoor Shrivastava @ Praneet Sumer Son of Late Pramod Kumar Verma Resident of Village - Nautan Khurd, Harpur Tola Majhaula, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Santosh Kumar son of Bishwanath Prasad Resident of Shanti Nagar, Bettiah, P.S. - Bettiah Town, District - West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-08-2017 Heard learned counsel for the parties.

This application has been filed seeking transfer of Bettiah Town P.S. Case No. 728 of 2014 from the Court of learned Additional Sessions Judge, VIth, Bettiah, West Champaran to any other Court of equivalent jurisdiction under the district Judgeship of West Champaran. The petitioner is an accused in the concerned Bettiah Town P.S. Case No. 728 of 2014, registered for the offence punishable under Sections 302/120B of the Indian Penal Code and Section 27 of the Arms Act.

The ground which has been taken for transfer of the

cases that the petitioner apprehends threat on his life, if he is compelled to appear in the Court at Bettiah. No tangible material is there on record to support the said apprehension. It appears that the witnesses have also been examined at the concerned Sessions Trial No. 696 of 2016 and the statement under Section 313 of the Code of Criminal Procedure, 1973 is now to be recorded. I do not find any reason which can justify transfer of criminal case from one Court to another on the ground taken in the case.

If the petitioner has any genuine apprehension of any threat, he can approach the local Police for adequate protection. If he approaches the Police and the Police finds his request to be genuine, they shall provide him adequate security. This application stands dismissed.

(Chakradhari Sharan Singh, J) ArunKumar/- U