Dr.Sanjeev Kumar vs The State Of Bihar &Amp; Anr on 15 September, 2010

Patna High Court – Orders
Dr.Sanjeev Kumar vs The State Of Bihar &Amp; Anr on 15 September, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.53402 of 2007
          DR.SANJEEV KUMAR, SON OF SRI JANKI NANDAN SINGH, R/O-
         VILLAGE DEVKALI, P.S.- GURARU, DISTRICT- GAYA.
                                             Versus
            1. THE STATE OF BIHAR
            2. PUNAM RAI D/O- SRI KUMUD NARAYAN RAI, R/O- VILLAGE
               DAHIA, P.S.- BHAGWANPUR, DISTRICT- BEGUSARAI, AT
               PRESENT ANANDPUR, P.S.- BEGUSARAI (TOWN), DISTRICT-
               BEGUSARAI.
            For the petitioner                 : Mr. Fahimuddin, Advocate
            For the O.P.                       : Dr. Amrendra Kumar, Advocate
            For the State                      : Mr. Jharkhandi Upadhyay, APP
                                           -----------

7 15.09.2010 Heard both sides.

Petitioner is accused of a case instituted under Section

498A IPC. The said case is pending within the judgeship of

Begusarai. Petitioner seeks transfer of the aforesaid case (G.R.

no. 2779 of 2006) from Begusarai to any Court within the

jurisdiction of Patna Judgeship.

It is submitted that the informant and the witnesses are

being threatened by the prosecution side. It appears that the wife

also filed a proceeding under Section 125 Cr.P.C. at Begusarai

which is pending there. It further appears from the record that the

husband-petitioner filed a matrimonial suit in Patna. The wife

made an application for transfer of the said matrimonial case to

any court within the judgeship of Begusarai. On hearing both

parties, the said application filed by the wife has been allowed by

this Court by order dated 21.7.2009. Consequently, all matters

are now pending at Begusarai.

Dr. Amrendra Kumar, learned counsel appearing on

behalf of wife (O.P. no. 2) submits that there is absolutely no
2

threat to the accused or their witnesses at the instance of the

present prosecution side.

In that view of the matter, this Court is not inclined to

allow the present application.

There is no merit in this application. It is accordingly

dismissed.

( Kishore K. Mandal, J. )
pkj

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