REENA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) 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 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, 379/34 of the Indian Penal Code (hereinafter to be referred as 'the IPC') and Sections 3/4 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 filed petition under Section 317 Code of Criminal Procedure (hereinafter to be referred as 'the Cr.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.