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Reena Jha vs The State Of Bihar And Ors on 4 July, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36192 of 2018
Arising Out of PS. Case No.-350 Year-2010 Thana- COMPLAINT CASE District- Supaul

Reena Jha wife of Sri Ashish Jha, daughter of Sri Amrendra Jha, At present
residing Krihnanagar, Bataraha Ward No.23, Saharsa District- Saharsa.

… … Petitioner
Versus

1. The State of Bihar

2. Ashish Jha, Son of Bhavnath Jha,

3. Bhavnath Jha, Son of Late Nirsan Jha,
Both serial no.2 and 3 are residing in Quarter no. 0119 Post Sakeepur Delta-
3, Greater Noida, Janpath, District- Gautam Budh Nagar U.P.

… … Opposite Parties

Appearance :

For the Petitioner : Mr. Durga Nand Jha
For the Opposite Parties : Mr. Prem Kumar Jha

CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
C.A.V. JUDGMENT
Date : 04-07-2019
This application has been filed for transfer of

Complaint Case No.350 of 2010 from the court of ACJM, Birpur

to any competent court either at Saharsa or Madhepura for trial.

2. The fact giving rise to this application is that a

complaint petition was filed by the petitioner making allegation

that she was subjected to cruelty- both mentally and physically,

and sent back to her native village on 24.8.2006 and when she

again went to her matrimonial home, Rs.10 lac was demanded

from her. In the meantime, she became pregnant and she was sent

back to her parental home; where she gave birth to a female child

and several attempts were made by the petitioner to return to her
Patna High Court CR. MISC. No.36192 of 2018 dt. 04-07-2019
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matrimonial house but that failed. Further case is that on

28.2.2010, husband of the petitioner came to her native place and

pressurized her to put sign on an agreement prepared for the

purpose of dissolution of the marriage as the demand of the dowry

was not fulfilled. On the basis of that Complaint Case No.350 of

2010 was registered under Section 498A, Section379/Section34 of the Indian

Penal Code (hereinafter to be referred as ‘the SectionIPC’) and Sections

3/Section4 of the Dowry Prohibition Act (hereinafter to be referred as ‘the

D.P. Act’) against O.P.no.2 and others and the same is pending

before the court of ACJM, Birpur.

3. Now the present case has been filed for transfer of

the same from the court of ACJM, Birpur to the Sessions Division

of Saharsa or to any other court of competent jurisdiction on the

ground, apart from other grounds that the learned ACJM, Birpur is

influenced by the husband of the petitioner and in support of that

submission has been made in para 12 to 14 of petition that in spite

of the fact that the petitioner was absconder for ten months, on his

appearance, he was granted bail by the learned ACJM, Birpur on

condition that he would remain present on the next date, vide order

dated 21.2.2018 but again on next date i.e. 17.3.2018, he was not

present and the petitioner made prayer to cancel the bail bond of

the petitioner for violation of order dated 21.2.2018 but he always
Patna High Court CR. MISC. No.36192 of 2018 dt. 04-07-2019
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filed petition under Section 317 Code of Criminal Procedure

(hereinafter to be referred as ‘the SectionCr.P.C.’), which always was

accepted by the court, as such the petitioner has reasonable

apprehension that she would not get justice from the court of

ACJM, Birpur.

4. Second ground for transfer of the case is that at

present the petitioner is residing with her father at Saharsa to

provide better education of her daughter and her father is also

suffering from several ailments, as such he is not in a position to

accompany her to Birpur on every date, furthermore, the petitioner

is not receiving single penny as maintenance, in such a situation, it

is very difficult for her to participate in the proceeding regularly at

Birpur, hence, she has prayed for transfer of the application in the

interest of justice to Saharsa, which will not cause any

inconvenience to the O.P.no.2 as he is residing at Greater Noida.

On the above ground this application has been filed for transfer.

5. On the other hand, O.P.no.2 has appeared and

submitted that no grounds for transfer have been fulfilled,

moreover, the court of ACJM, Birpur has territorial jurisdiction of

this case, as on the basis of the materials in the complaint petition

as even according to the petitioner, she was residing at her parental

house at Pratap Garh and witnesses are also of Pratap Garh within
Patna High Court CR. MISC. No.36192 of 2018 dt. 04-07-2019
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the jurisdiction of Birpur court as well as the case is fixed for

hearing on the point of charge and so far allegation against the

court is concerned, it has been submitted on behalf of O.P.no.2 that

this has only been made with an intention to pressurize the court

by O.P.no.2. On the above submission, learned counsel for

O.P.no.2 has submitted that this transfer application is devoid of

any merit and it is fit to be dismissed..

6. Heard both sides and perused the application for

transfer as well as counter affidavit filed by the O.P.no.2 and the

supplementary affidavit filed by the petitioner, in which the

petitioner has come with a plea that now she is residing at Saharsa

for better education of her daughter and also for her medical

treatment, which she has stated on oath in para 6 of the

application, in support of that documents have been filed, which

are annexed as Annexed 6 (series). The case of the petitioner is

also that her father is very old and sick and can not accompany the

petitioner from Saharsa to Birpur regularly, which is 105 km.

Away..

7. The above fact has not been controverted by the

O.P.no.2 . Apart from that some aspersion has also been made

against the learned ACJM, Birpur that he is under influence of O.P.

No.2, as such she would not get justice from the court of ACJM,
Patna High Court CR. MISC. No.36192 of 2018 dt. 04-07-2019
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Biropur. Above aspersion against the court does not appear

convincing. However, further ground is that she is residing at

Saharsa considering the need of education and medical need of

her daughter and her father is an old aged persons having various

ailments, he is enable to accompany her to Birpur regularly. In

view of the fact I find that the prayer for transfer of this case

appears to have some merit. Furthermore, if the case is transferred

to Saharsa, no inconvenience can be caused to O.P. No.2 as he is

residing at Noida and it will not make any difference to him to

attend the court at Saharsa instead of Birpur.

8. Considering the above facts as stated above, this

application is allowed.

9. Let this Complaint Case No.350 of 2010 pending

in the court of ACJM, Birpur be transferred to the court of sessions

Division of Saharsa to be assigned to any competent court of the

Sessions Judge.

10. The learned ACJM, Birpur is directed to send all

the records of the case at once to the Sessions Division of Saharsa,

which shall be sent to the court who will be assigned with this

case.

11. At the same time, as it is a matter of the year, 2010,

the learned court, which would be assigned the case by the
Patna High Court CR. MISC. No.36192 of 2018 dt. 04-07-2019
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Sessions Judge to expedite the proceeding once the record has

been received and try to conclude the same as expeditiously as

possible.

12. Needless to say that both the parties have to co-

operate in disposal of the same.

(Vinod Kumar Sinha, J)
chn/-

AFR/NAFR AFR
CAV DATE 18/06/2019
Uploading Date 04/07/2019
Transmission Date 04/07/2019

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