Kunti Devi vs State of Bihar and Others

Samarendra Pratap Singh, J.—The petitioner has filed the instant application for transfer of the Sessions Trial No. 312/07, pending in the court of F.T.C. No. IV, Chapra to the Sessions Court, Patna. The case of the petitioner is that one Ashok Rajak, husband of the petitioner, made a fardbeyan before the A.S.I. of Pirbahore Police Station in P.M.C.H., Patna, on 16.5.2005 alleging therein that his daughter, Rekha Devi, has been killed by her in-laws for want of dowry. As such the aforesaid fardbeyan was forwarded to Sonepur Police Station for registering a case. Subsequently a case under Sections 304-B and 498-A of the I.P.C, was registered.

The learned counsel for the petitioner submits that she has filed a petition dated 25.7.2008 before the trial court alleging therein that the accused persons are threatening them with dire consequence, if they do not withdraw the case. He submits that the accused, Ranjit Rajak, O.P. No. 2 herein, who is the husband of the deceased, is at the moment confined to the Chapra Jail who is also making threatening from his Mobile phone and so is O.P. No. 3. A photocopy of the application dated 25.7.2008, has been annexed as Annexure-2 to this application.

It is one of cardinal principles of impartial enquiry or trial that witnesses should be able to depose without any fear and favour. The police is bound to provide all possible security so that the witnesses may depose in trial without any fear and favour.

In view of the aforesaid facts, the learned trial court may transmit the copy of Annexure-2 to the police station to ensure that the prosecution agency would take all steps to provide necessary security so that witnesses may come to the court to depose without any fear or favour.

With the aforesaid observation this application is disposed of. Let a copy of the order be faxed to the F.T.C. No. IV, Chapra, in seisin of the case at the cost of the petitioner.