MAHENDRA MAHTOversusThe State of Bihar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CRIMINAL REVISION No.566 of 2023
      Arising Out of PS. Case No.-714 Year-2018 Thana- PATNA COMPLAINT CASE District-
                                              Patna
     ======================================================
     MAHENDRA MAHTO son of Late Balo Mahto Village- Shilchari Chak
     Ward no-23, PS- Mokama, Dist- Patna.

                                                                    ... ... Petitioner/s
                                          Versus
1.   The State of Bihar
2.   Poonam Kumari wife of Sudhir Kumar, D/o- Sri Ram Prakash Mahto R/o-
     Shikhari Chak PS- Mokama, Dist- Patna

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :      Mr. Anand Kumar, Adv.
     For the Respondent/s     :      Mr. Nand Kishore Prasad, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     ORAL JUDGMENT
      Date : 12-03-2026

                            Heard the parties.

                          2. The present application has been filed on

      behalf of the petitioner for setting aside the order dated

      28.03.2023 passed in Criminal Miscellaneous (Transfer) Case

      No. 199/2022 by the learned Court of Sessions Judge, Patna

      whereby and whereunder learned Court of Sessions Judge,

      Patna passed an order to transfer the Complaint Case No.

      714(c )/2018 from the Court of learned Judicial Magistrate-1st

      Class, Barh to the Court of learned Judicial Magistrate-1st

      Class, Patna. The petitioner/complainant filed Complaint Case

      No. 714 (c )/2018 before the Court of learned A.C.J.M.-1, Barh

      against Poonam Kumari/respondent no. 2 within the jurisdiction
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         of Barh Civil Court punishable under Sections 323/ 341/ 380/

         384/ 307 of the Indian Penal Code and Section 25 (1-b) and 26

         of the Arms Act. The learned Judicial Magistrate-1st Class, Barh

         took cognizance under Section 323/380/504/506/34 of the

         Indian Penal Code.

                         2. Learned counsel for the petitioner submits that

         the      cognizance         has      been       taken   under    Sections

         323/380/504/506/34 of              the    Indian Penal    Code    against

         respondent no.2 and another on the basis of material available

         on record as well as statement of enquiry witnesses. He further

         submits that charge has been framed under Sections

         323/380/504/506/34 of the I.P.C. Respondent no.2 filed

         Criminal Miscellaneous (Transfer) Case No.199/2022 giving

         wrong address as Mohalla-Lohanipur, P.S.-Kadam Kuan,

         Distrit-Patna and after issuance of notice in the said transfer

         case, the petitioner appeared before the Sessions Court and filed

         his reply. He further submits that the petition of respondent no.2

         is nothing but an effort to linger the case filed by the petitioner.

         Respondent no.2 is still residing at Barh with co-accused and

         she gave a wrong address just to harass the petitioner and the

         concerned Sessions Court did not consider the place of

         occurrence and passed the order of transfer from one court to
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         another situated in Patna without any reason.

                         3. Learned counsel for the State submits that from

         the perusal of impugned order itself, it is reflected that the

         Divorce Case No. 1161/2017 pending between respondent no.2

         and her husband in the court of Principal Judge, Family Court,

         Patna and reason has been quoted by the concerned court that

         since the petitioner (respondent No.2 herein) is female and she

         is contesting divorce case with the son of complainant

         (petitioner herein) in the Civil Court, Patna and if the

         complainant will proceed in the Patna Civil Court, it will not

         prejudice the right of opposite party (petitioner herein) as his

         son is contesting divorce case in Patna and the said

         miscellaneous transfer petition was allowed in the light of

         aforesaid facts and circumstances of the case.

                         4. After considering all the facts and circumstances

         of the case, the respondent no.2 has shown that she is presently

         residing at Mohalla-Lohanipur, P.S.-Kadam Kuan, District-

         Patna and one divorce case is pending in Patna with the son of

         complainant (petitioner in this case). The reason as quote by the

         concerned court on the basis of material available on record and

         from perusal of impugned order, there is no illegality,

         irregularity and impropriety found and learned counsel for the
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                      petitioner has also not pointed out how the order of transfer

                      passed by the concerned court is in any way illegal, irregular

                      and improper as he has already conceded that since divorce case

                      is pending with the complainant/petitioner’s son in Civil Court,

                      Patna, it is inconvenient for a lady to contest the case at two

                      different places. In the light of aforesaid facts and circumstances

                      of the case, the present revision petition is devoid of merit.

                                      5. Accordingly, the present revision petition stands

                      dismissed.


                                               (Alok Kumar Pandey, J)

amitkumar/-
AFR/NAFR                AFR
CAV DATE                N/A
Uploading Date          16.03.2026
Transmission Date       16.03.2026