IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19458 of 2008 SURESH PRASAD CHOUDHARY @ SURESH CHOUDHARY, SON OF RAM BILAS CHOUDHARY, R/V BANGALI TOLA, P.S.- SAMASTIPUR TOWN, DISTT- SAMASTIPUR. Versus 1. THE STATE OF BIHAR 2. AMIT KUMAR @ SONU S/O- DINBANDHU PRASAD. 3. SIMA GUPTA D/O- DINBANDHU PRASAD 4. CHINT MANI DEVI, W/O- DINBANDHU ALL R/V MAI STHAN P.S.- KHAGOIL, DIST. EAST CHAMPARAN. For the petitioner : Mr. Mukesh Kumar no. III, Advocate For the State : Mr. Rampriya Sharan, APP ----------- 5 20.08.2010 Heard both sides. This application has been filed seeking transfer of trial arising out of Raxaul P.S. case no. 78 of 2007 registered under Sections 304B and 34 IPC from the Sessions Division, Motihari to Sessions Division, Samastipur. Learned counsel for the opposite party submits that O.P. no. 2 in jail custody. He has not been released on bail . O.P. no. 3 (Sima Gupta) is not facing trial as she was not sent up for trial by the Investigating Officer. So far O.P. no. 4 is concerned, she is the mother-in-law and has recently been released on bail. It is contended that the trial is at a very advance stage where almost all the prosecution witnesses have been examined. Only the Investigation Officer is to be examined in the present case. In view of the facts appearing from the record and the submissions made on behalf of learned counsel for the parties, I am not inclined to allow the present application seeking transfer 2 of Sessions Trial. There is no merit in this application. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )