Pushpam Kumari vs State Of Bihar And Anr on 23 April, 2019

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Patna High Court - Orders

Pushpam Kumari vs State Of Bihar And Anr on 23 April, 2019

Bench: Vinod Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32083 of 2018
                    Arising Out of PS. Case No.-137 Year-2015 Thana- SANGRAMPUR District- Munger
                 ======================================================
                 Pushpam Kumari Wife of Gaurav Kumar, Daughter of Shri Raghwendra
                 Singh Resident of Village- Chakartani, P.S. Shambhuganj, Distt. Banka.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.     State of Bihar
           2.     Gaurav Kumar Son of Shri Vijay Singh Resident of Village- Maujama, P.S.
                  Sangrampur, Distt. Munger.
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jyoti Ranjan Jha
                 For the Opposite Party/s :      Mr. Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                                       ORAL ORDER

6   23-04-2019

This case has been filed by the petitioner for transfer of Sessions Trial No. 107 of 2017 arising out of Sangram Pur P.S. Case No. 137 of 2015 under Sections 498A, 341, 323, 504 and 307 of the Indian Penal Code and Section 27 of the Arms Act as well as Section 4 of the Dowry Prohibition Act, pending before the learned Additional Sessions Judge-II, Munger, as well as transfer of Maintenance Case No. 18 of 2017 filed under Section 125 of the Code of Criminal Procedure pending before the court of learned Principal Judge, Family Court, Munger, to the Sessions Division Banka.

Before going into the merit of this case, learned counsel for the petitioner has submitted that he is not pressing the transfer of Sessions Trial as it is at argument stage and also not pressing for transfer of the maintenance case as there is chance of Patna High Court CR. MISC. No.32083 of 2018(6) dt.23-04-2019 2/2 settlement between the parties.

Heard learned counsel for the opposite party no.2 also. In such view of the matter, this application is disposed of with a direction to the Family Court, Munger that he will once again try for reconciliation between the parties by calling both the parties in the court prior to proceeding further in maintenance case and so far Sessions Trial is concerned, no order need be passed in view of the fact that the petitioner is not pressing the same.

It has also been submitted by the learned counsel for the petitioner that the opposite party no.2 is also not paying interim amount of interim maintenance to the petitioner.

In such view of the matter, if any such petition is being filed by the petitioner before the Family Court for realization of the same, learned Family Court will pass an appropriate order in accordance with law on that petition.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) Amjad/SKSuman.

U      T

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Patna High Court - Orders