IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32539 of 2008 Krishna Prasad, Son of late Abhicharan Prasad, Resident of Village Bansbigha, PS Ekangersarai, District Nalanda. ---- Petitioner Versus The State Of Bihar ----- Opposite Party With Cr.Misc. No.38220 of 2007 1. Raju Gope, Son of Naresh Gope. 2. Naresh Gope, Son of Ram Ishwar Gope. 3. Sumitra Devi, Wife of Naresh Gope. 4. Bibha Kumari, Daughter of Naresh Gope. 5. Tarun Kumar, Son of Naresh Gope. All are residents of village Tribhuwan Bigha, PS Tharthari, District Nalanda. 6. Satyendra Prasad, Son of Jagdish Prasad. 7. Leela Devi, Wife of Satyendra Prasad. Both are residents of village Maharajganj, PS Ekangarsarai, District Nalanda ---- Petitioners Versus The State Of Bihar ---- Opposite Party ----------- 2 4.7.2011 The informant is the petitioner in Cr. Misc. No. 32539 of 2008 whereas the accused persons are petitioners of Cr. Misc. No. 38220 of 2007. A case was instituted under Section 304(B) of the Indian Penal Code against the husband and in-laws. Apparently the Investigating Officer of the case submitted final form recommending a proceeding under Sections 182 and 211 of the Indian Penal Code as far as it concerns the informant of this case. The informant is aggrieved by the fact that cognizance has been taken under Sections 182 and 211 of the Indian Penal Code concerning his conduct in the occurrence, whereas a Court of concurrent jurisdiction has taken cognizance in the case under Sections 304(B) and 201/34 of the Indian Penal Code vide order dated 20.7.2007. 2 Both cases obviously arise out of the same incident except that the accused persons under Section 304(B) are the In- laws of the victim lady who has been killed, whereas in the present case the petitioner is the father of the victim girl. Two contradictory orders regarding the same facts cannot be passed and there are some problems or lacuna in the procedural aspect of this case. I, therefore, direct that the District Judge, Nalanda should transfer both the cases to any other Court, who will consider the entire matter afresh. The orders dated 21.3.2007 and 20.7.2007 is hereby quashed with a direction to consider the matter afresh after going through the records and the case diary and find out whether a prima facie offence is made out against the Husband and In-laws of the victim girl i.e. the petitioners of Cr. Misc. No. 38220 of 2007. The matter is remitted back to be decided within a period of three months on receipt of a copy of this order. Learned counsel for the petitioner should produce this order before the District Judge, Nalanda within a period of four weeks on receipt of this order. These applications are disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)