[Cites 10, Cited by 0]
Patna High Court
Mahendra Mahto vs The State Of Bihar on 12 March, 2026
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
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
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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
Patna High Court CR. REV. No.566 of 2023 dt.12-03-2026
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
Patna High Court CR. REV. No.566 of 2023 dt.12-03-2026
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
Patna High Court CR. REV. No.566 of 2023 dt.12-03-2026
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
