IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23335 of 2009 1. Ram Lakhan Prasad, son of Late Sukar Chauhan, 2. Mithilesh Narayan Sinha, son of Ram Lakhan Prasad, 3. Bablu Prasad Sinha, son of Ram Lakhan Prasad, 4. Usha Devi @ Kumari Usha Sinha, wife of Mithilesh Narayan Sinha, all of Sakraul, PS Deep Nagar, Dist. Nalanda. 5. Raju Kumari, daughter of Jagdish Chauhan, 6. Nilu Devi @ Neelu Kumari, daughter of Sunil Kumar, both of Jaison Bigha, PS Tarthari, Dist. Nalanda. 7. Dharmbir Prasad @ Dharmwee Kumar, son of Late Bindeshwar Prasad, village Masia, PS Bind, District Nalanda – petitioners. Vs. 1) The State of Bihar, 2) Smt. Shushila Devi, wife of Mithilesh Narayan Sinha, daughter of Dashrath Prasad, village Oraiya, PS Mahua, district Sheikhpura – opposite parties. 4 11.1.2010 Heard the parties. This application has been filed for quashing the order, dated 27.5.2009 passed by the Subdivisional Judicial Magistrate, Sheikhpura in Complaint Case No. 62-C/2005. The petitioners had moved earlier when this court had considered and observed that the question whether the occurrence took place at the matrimonial home at the parental home would be a question of fact. The order, dated 27.5.2009 indicates that the witnesses have stated that the occurrence has taken place at Sakrol which lies within the district of Nalanda. The Supreme court in the cases of Bhura Ram vs. State of Rajasthan, 2008 (3) PLJR (SC) 367 and Abraham Ajith & Others vs. Inspector of Police, Chennai & Another, (2004) 8 SCC 100 has held that where the facts disclose that the torture and demand were made in the matrimonial home and not while the wife was residing at her parental home, in such cases the apex court has held territorial 2 jurisdiction to try the case would lie the place where the occurrence had taken place. With the consent of counsel for the petitioners, the entire case should be transferred to the court at Nalanda. The District Judge, Nalanda may transfer the file before appropriate court to record the evidence and hear the matter with respect to Complaint Case No. 62- C/2005 which is presently pending before the Subdivisional Judicial Magistrate, Sheikhpura. This application is, thus, allowed in the aforesaid terms. Counsel for the petitioners is at liberty to communicate this order to the court at Sheikhpura and to the District Judge, Nalanda. haque (Sheema Ali Khan, J.)