NIKITA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner seeks transfer of Basant Rai P.S. Case No. 93 of 2017 corresponding to G.R. Case No. 1753 of 2017 which was initially instituted as Dumka Mahila P.S. Case No. 7 of 2017.

(2.) Marriage of the petitioner with O.P. No. 2 was solemnised on 17.04.2016 and immediately after the marriage her husband and his family members started threatening her. The petitioner has alleged that on 31.08.2017 her husband tried to set her on fire due to which she sustained injury in her hands, neck, stomach and thigh etc. On her written report, Dumka Mahila P.S. Case No. 7 of 2017 was registered which subsequently has been transferred within the jurisdiction of Godda court. After investigation the police has submitted final form on 19.12.2017 against O.P. No. 2 for the offence punishable under Section 498A IPC. The petitioner has pleaded that she has no independent source of income and, infact, she is on the verge of starvation. Her husband, who deceived her to enter into the compromise during mediation for seeking bail, has not honoured the terms of the compromise and failed to maintain her due to which the petitioner is unable to prosecute the case. She has also alleged that O.P. No. 2 has threatened her and the witnesses due to which they are not ready to depose in the court.

(3.) Mr. Purnendu Kumar Jha, the learned counsel for the O.P. No. 2 has vehemently opposed this transfer petition.