Patna High Court
Renu Kumari @ Renu DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The petition for transfer of the criminal case is dismissed, and the trial shall continue in the Court of ACJM‑I, Saran.
Summary
The petitioner filed a criminal miscellaneous petition seeking transfer of a case (Taraiya PS Case No. 237 of 2022) involving offences under Sections 498(A), 341, 323, 325, 379, 354/34 of the IPC and Section 3 of the Dowry Prohibition Act from the Court of ACJM‑I, Saran (Chapra) to the Court of CJM, Gopalganj. The opposite party argued that the trial was at its final stage, with all prosecution witnesses examined and only the doctor and investigating officer yet to be examined, making transfer unnecessary. The petitioner’s counsel disclosed lack of instructions from the client for six months. The Court observed that the evidence of the petitioner and other prosecution witnesses was already completed and only a few witnesses remained, and therefore found no merit in transferring the case. Consequently, the petition was dismissed and the Court directed the ACJM‑I, Saran to expedite the remaining proceedings.
Issues considered
- Whether a criminal case pending before ACJM‑I, Saran should be transferred to CJM, Gopalganj at the stage where prosecution evidence is largely completed
Legislation cited
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 325, 341, 354/34, 379, 498A
Subjects
- criminal procedure
- transfer of trial
- jurisdiction
- IPC offences
- Dowry Prohibition Act
- expeditious trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22481 of 2025
In
Miscellaneous Jurisdiction Case No.1212 of 2024
Arising Out of PS. Case No.-237 Year-2022 Thana- TARAIYA District- Saran
======================================================
Renu Kumari @ Renu Devi Wife of Baleshwar Rai Resident of Village -
Galimapur, P.S. - Taraiya, District - Saran. Address at Present - Village -
Faijullahpur, P.S. - Baikunthpur, District - Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. Baleshwar Rai Son of Bhrigunath Rai Resident of Village - Galimapur, P.S. -
Taraiya, District - Saran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhangi Pandey, Adv.
For the Opposite Party/s : Mr. Mukesh Kumar Singh, Adv.
For the State : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
6 10-02-2026 Heard both the parties.
02. The present petition has been filed for transfer of
case arising out of Taraiya P.S. Case No. 237 of 2022 lodged
under Sections 498(A), 341, 323, 325, 379, 354/34 of the IPC
and Section ¾ of the Dowry Prohibition Act pending in the
court of learned ACJM-I, Saran at Chapra to the Court of CJM,
Gopalganj.
02. Learned counsel appearing on behalf of the
opposite party submits that the case before the learned ACJM-I,
Saran at Chapra is at its fag end as all prosecution witnesses
have been examined and only doctor and investigating officer is
Patna High Court CR. MISC. No.22481 of 2025(6) dt.10-02-2026
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to be examined. Therefore, no useful purpose would be served
in transferring the matter from Saran at Chapra to Gopalganj.
03. Learned counsel appearing on behalf of the
petitioner submits that he has no instruction in this regard as he
is not in contact with his client for last six months.
04. Since the evidence of petitioner and other
prosecution witnesses has been completed and the matter
remains only for examination of doctor and the investigating
officer as submitted by learned counsel for the opposite party, I
am not inclined to transfer the case arising out of Taraiya P.S.
Case No. 237 of 2022 pending in the Court of learned ACJM-I,
Saran at Chapra.
05. Therefore, the present criminal miscellaneous
petition is disposed of while directing the learned ACJM-I,
Saran at Chapra to expeditiously proceed in the matter and
dispose it of at the earliest.
(Arun Kumar Jha, J)
Anuradha/-
U T
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