Puja Kumari v. The Stateof Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67273 of 2019 Arising Out of PS. Case No.-795 Year-2013 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

PUJA KUMARI Wife of Sri Sunil Kumar, D/o Sri Bhola Sah Resident of Balia Bazar, Sitala Gali, (Laxminiya), P.S.- Balia, Distt - Begusarai. 2.

Bhola Sah Son of Late Triveni Sah Resident of Balia Bazar, Sitala Gali, (Laxminiya), P.S.- Balia, Distt - Begusarai.

3.

Asha Devi Wife of Bhola Sah Resident of Balia Bazar, Sitala Gali, (Laxminiya), P.S.- Balia, Distt - Begusarai.

4.

Dhiraj Kumar Son of Bhola Sah Resident of Balia Bazar, Sitala Gali, (Laxminiya), P.S.- Balia, Distt - Begusarai.

5.

Vinod Sah Son of Late Triveni Sah Resident of Balia Bazar, Sitala Gali, (Laxminiya), P.S.- Balia, Distt - Begusarai.

... ... Petitioner/s

Versus

1.

THE STATEOF BIHAR 2.

Ram Nath Sah Son of Late Jailal Sah Resident of village - Basopatti, Babhandai Chowk, P.S. and P.O.- Basopatti, Distt - Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 This application has been filed for transfer of Complaint Case No. 795 of 2013 filed by father-in-law of petitioner No.1 and her family members from the court of S.D.J.M., Madhubani to the court of S.D.J.M., Begusarai. Submission of learned counsel for the petitioners is that divorce case and other cases are pending in Begusarai court and petitioner No.1 was subjected to cruelty by the accused persons and in order to create a defence the present complaint

Patna High Court CR. MISC. No.67273 of 2019(2) dt.24-10-2019 2/2 case has been lodged and moreover this case is pending for evidence before charge for the last two years and petitioners are apprehending danger in attending the court at Madhubani. Having heard both sides and in the facts and circumstances, there does not appear to be any genuine apprehension of any danger at Madhubani, as such I do not find any materials to transfer the case from the court of S.D.J.M., Madhubani to the court of S.D.J.M., Begusarai. However, considering the submission of learned counsel for the petitioners that the case is pending for evidence before charge for the last two years and no step has been taken, learned trial court is directed to look into the matter and expedite the trial. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U