Patna High Court
Pawan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
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
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
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
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