Deepak Kumar v. The State Of Bihar And ORS

Patna High Court Cr.Misc. No.52403 of 2017 (3) dt.07-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52403 of 2017 Arising Out of PS.Case No. -972 Year- 2016 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ====================================================== Deepak Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== 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 parties. The only ground urged for transfer of Complaint Case No. 972C of 2016 from Khagaria to Muzaffarpur is that several cases have been lodged at the instance of opposite parties No. 2 & 3 against the petitioner in the district of Khagaria. Be it noted that opposite parties No. 2 & 3 are residents of Khagaria. The petitioner is husband of opposite party No. 3 and has been contesting cases lodged against him in various forums including Domestic Violence Act and a Maintenance Petition u/s 125 Cr. P.C.

Learned counsel for the petitioner has submitted that it is difficult for him to contest so many cases at Khagaria where opposite parties No. 2 & 3 reside. The opposite party No. 3 is wife of the petitioner and she is employed as a teacher. It has also been submitted that the petitioner is unemployed and apprehends

Patna High Court Cr.Misc. No.52403 of 2017 (3) dt.07-03-2018 trouble at Khagaria.

This cannot be a ground for transferring the Complaint Case No. 972C of 2016 relating to Domestic Violence Act to any competent court in other judgeship.

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