Created by Fuzzy Cloud

Patna High Court

Pawan Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court ordered the transfer of the case from Saran to Patna.

Summary

Petitioner Pawan Kumar Singh filed a criminal miscellaneous petition seeking the transfer of a case (Mahila P.S. Case No. 87 of 2023) filed under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, from the Sub‑Divisional Judicial Magistrate, Saran, to the Sub‑Divisional Judicial Magistrate, Patna, alleging that the case was filed by his wife to harass him and that both parties reside in Patna. The opposite party, the wife, submitted that she had no objection to the transfer. The High Court examined whether the transfer was appropriate under the provisions governing jurisdiction and transfer of criminal cases. Finding no impediment and noting the consent of the opposite party, the Court ordered the case record to be transferred to the Patna magistrate within four weeks and directed the transferee court to proceed with urgency. Consequently, the petition was allowed.

Issues considered

  • Whether the criminal case pending before the Sub‑Divisional Judicial Magistrate, Saran, should be transferred to the Sub‑Divisional Judicial Magistrate, Patna, under the provisions governing transfer of criminal proceedings.

Legislation cited

Subjects

  • transfer of criminal case
  • jurisdiction
  • Section 498A
  • Dowry Prohibition Act
  • high court order
  • criminal miscellaneous petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48529 of 2025
                       Arising Out of PS. Case No.-87 Year-2023 Thana- MAHILA P.S. District- Patna
                 ======================================================
                 Pawan Kumar Singh S/o- Sanjay Kumar Singh @ Sanjay Singh North
                 Mandiri, Budha Colony, P.S.- Budha Colony, District- Patna, Presently
                 Aadarsh Colony Road No-4, Khemnichak New Bypass Po- Khemnichak Ps-
                 Ramkrishna Nagar Dist- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar
           2.    Sweety Kumari W/o- Pawan Kumar Singh, D/o- Sudhir Kumar Gautam,
                 R/o- Bajitpur Po- Sonho Ps- Parsa Dist- Saran, Presently- ganga Bihar
                 Colony Shivji Nagar Digha Patna Ghat Po- Digha Ps- Digha Dist- Patna,
                 Presently Working at Bihar Vidyapith Sadakat Ashram Ps- Patliputra Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shyam Nandan Thakur, Advocate
                 For the State            :        Mr.Ajay Kumar No. 2, APP
                 For O.P. No. 2           :        Ms. Rashmi Bharti, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

4   10-02-2026                    The present petition has been filed seeking following

                   relief(s):-

                                              "i. For transferring a case from Sub
                                              Divisional     Judicial       Magistrate,        Saran
                                              bearing Mahila Thana P.S. Case No. 87 of
                                              2023 lodged under section 498(A) and 3/4
                                              Dowry Prohibition Act dated 14.11.2023,
                                              pending before the Court of Sub Divisional
                                              Judicial Magistrate, Saran to the Sub
                                              Divisional Judicial Magistrate, Patna or
                                              before any equivalent court to which this
                                              court deem fit for proper adjudication for
Patna High Court CR. MISC. No.48529 of 2025(4) dt.10-02-2026
                                            2/3




                                  the aforesaid case which has been filed by
                                  the wife, only for harass and torture her
                                  husband physically and mentally while both
                                  party are earning and living in Patna and
                                  marriage was also done in Patna.
                                  ii. For stay the Mahila Thana P.S. Case No.
                                  87 of 2023 lodged under section 498(A) and
                                  3/4 Dowry Prohibition Act dated 14-11-
                                  2023, pending in the Court of Sub-Divisional
                                  Judicial Magistrate, Saran.
                                  iii. For any other relief/reliefs for which the
                                  petitioner is entitled for."
                       2. Leaned counsel appearing on behalf of opposite

          party no. 2, at the outset, submits that she has no objection to the

          transfer of Mahila P.S. Case No. 87 of 2023 from the court of

          learned Sub-divisional Judicial Magistrate, Saran at Chapra to

          the court of learned Sub-divisional Judicial Magistrate, Patna or

          any equivalent court. She further submits that the counter

          affidavit has been filed in this case showing no objection to the

          transfer sought by the petitioner.

                       3. As jointly submitted, the case record of Mahila P.S.

          Case No. 87 of 2023 registered for the offences under Section

          498A of the Indian Penal Code and Section 3/4 of Dowry

          Prohibition Act pending in court of learned Sub-divisional

          Judicial Magistrate, Saran at Chapra is ordered to be transferred
            Patna High Court CR. MISC. No.48529 of 2025(4) dt.10-02-2026
                                                        3/3




                      to the court of learned Sub-divisional Judicial Magistrate, Patna.

                      The court concerned is directed to send the case record to the

                      transferee court within four weeks from the date of receipt of a

                      copy of this order and transferee court thereafter proceed in the

                      matter showing urgency.

                                   4. Accordingly, the present petition stands allowed.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.