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
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
( Kishore K. Mandal, J. )