Patna Court February 1999 Judgments
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Babul Yadav Vs. the State of Bihar
Court: Patna
Decided on: Feb-17-1999
M.Y. Eqbal, J.1. In this application, the petitioner has originally prayed for grant of regular bail in connection with Dinara P.S. case No. 102 of 1998 under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act. However, by order dated 13.11.1998 this Court permitted the petitioner to convert the bail application into Cr. Revision as the petitioner intended to challenge the order dated 8.10.1998 passed by the Sub-divisional Judicial Magistrate, Bikramgnaj in Case No. 102 of 1998 whereby he refused to release the petitioner on bail under the provision of Section 167(2) of the Code of Criminal Procedure (hereinafter referred to as 'the Code').2. The prosecution case, in brief, is that on 4.7.1998 the informant saw 8 to 10 persons coming with fire-arms and one of them fired at his father who fell down. It is alleged that the culprits came near him who concealed his face and told him that he is Pandit and fled away. The informant alleged to have identifi...
Khurdeni Mistri Vs. Satendra Prasad and anr.
Court: Patna
Decided on: Feb-17-1999
P.K. Deb, J.1. This revision petition has been directed against the order dated 3.10.1997 passed by the Second Additional Munsif, Gopalganj. In Execution Case No. 13/94 whereby the application filed by the petitioner under Order XXI, Rule 29 of the Code of Civil Procedure has been rejected.2. The facts of the case run as follows. Opposite parties filed eviction Suit No. 19 of 1989 before the Munsif, Gopalganj, for grant of decree of eviction on the ground of personal necessity. The dispute related to a house standing over 11 dhoors of land out of plot No. 718 Khata No. 279 with total area of 1 Khata 2 dhoors in village Barauli. According to the opposite parties, the disputed plot alongwith this house was recorded in R.S. Khatian in connection with Lochan Rai and Kamal Rai. The landlord of the Tauzi was Prasad Narain Singh who died leaving behind his widow alone. That widow, namely, Dulhin Baldeo Kumar instituted a rent suit against the recorded tenant and obtained rent decree. In exce...
Kailash Prasad Sah and ors. Vs. Govind Das Shastri and ors.
Court: Patna
Decided on: Feb-16-1999
Prasun Kumar Deb, J. 1. This revision petition has arisen out of the order dated 24-9-1997 passed by the Sub-Judge VII, Bhagalpur, in T.S. No. 177/91, whereby and wherein the prayer of amendment made by the opposite party plaintiff has been allowed under Order VI, Rule 17 of the Code of Civil Procedure.2. The plaintiff filed the above mentioned suit for grant of a decree of specific performance on the basis of the contract/agreement of sale of the suit plots situated in mohalla Mundichak Gangadhar Banerjee Road, in the town of Bhagalpur. According to the plaintiff, defendant No. I being karta of the joint family executed a deed of Jarbeyananama on 21-3-1984 for sale of the suitland foraconsideration of Rs. 31,000/- on condition that the document for sale shall be executed on or before 13-9-1991 and an advance payment of Rs. 21,000/- was received by him. Further case of the plaintiff is that on further demand made by the defendant No. 1, the plaintiff made a further payment of Rs, 2,0...
Sutta Rai @ Laxman Rai Vs. the State of Bihar
Court: Patna
Decided on: Feb-16-1999
M.Y. Eqbal, J.1. Heard learned Counsel appearing for the petitioner; and the learned Counsel appearing for the State.2. This is an application under Section 482 of the Code of Criminal Procedure filed by the petitioner challenging the order dated 7.10.98 passed by the Chief Judicial Magistrate, Muzaffarpur in Aurai P.S. Case No. 33/98 registered under Section 302/34 of the Indian Penal Code, By the said order, the Court below refused to accept the bail bond submitted by the petitioner for his release.3. It appears that the petitioner was granted bail on 5.10.98 under Section 167(2) of the Code of Criminal Procedure. The petitioner furnished bail bonds with affidavit of the bailors and other documents as securities but the Court below having not satisfied with the bailors rejected the bail bonds. On 7.10.98 the petitioner filed a petition and furnished fresh bail bonds for release of the petitioner, but the Court below rejected the same by the impugned order on the ground that chargesh...
Bulla Shukla and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-16-1999
1. Heard counsel for the parties.2. In this Writ Petition it is stated that the petitioner No. 1 Bulla Shukla, was minor when in the year 1990 she was kidnapped by some unknown persons and was found at Madhupur railway station. In connection with Madhupur Railway P.S. Case. No. 31 of 1990 she was sent to the After Care Home first at Deoghar and then at Patna. Sessions Trial No. 115 of 1991 is pending in the Court of 2nd Additional Sessions Judge, Dumka. It is submitted that the father of the petitioner, namely, Kartik Shukla is alive and resides at the address given in the cause title of the case. She has been sent to the After Care Home since she is a victim as also a witness in that case.3. This Court has emphasized time without number that the mere fact that a female is a witness in a criminal case or is a victim of the offence committed by the accused is no ground for keeping her in the After Care Home if there are members of the family who can look after her. The After Care Home ...
Parna Munda Vs. the State of Bihar
Court: Patna
Decided on: Feb-15-1999
G.S. Choube and P.K. Sarkar, JJ.1. The sole appellant Parna Munda has been convicted by the 4th Additional Sessions Judge of Hazaribagh under Section 302, I.P.C. and sentenced to undergo imprisonment for life in S.T. No. 72 of 1982 by judgment and order dated 24.11.1988. Therefore, he has come to this Court in appeal against his conviction and sentence.2. Brief facts, which have led to the trial and conviction of the appellant are; that on 2.3.1980 which was the day of Holi, there had been some quarrel between the appellant and his brothers on one hand and one Sukra Munda of Hesagarh 7-B Colliery situated at a distance of about 8 Kms. from Mandu police station in the district of Hazaribagh. Due to that quarrel at about 9 in the night on the same day the appellant and his two brothers went to the house of Sukra Munda and challenged him to come out. At this one Ramdhan Munda, a neighbour, intervened and tried to pacify the aggressors, volunteering to settle the dispute between them. In ...
Arjun Dharhi and ors. Vs. the State of Bihar
Court: Patna
Decided on: Feb-15-1999
1. The appellants herein were tried by the 2nd Addl. Sessions Judge, Munger in Sessions case No. 193 of 1984 charged of the offences under Section 302/34, IPC and under Section 27 of the Arms Act. By his judgment and order dated 15th January, 1987, the Trial Court has found them guilty of the offence under Section 302/34, IPC and sentenced each one of them to undergo rigorous imprisonment for life. They have also been found guilty of the offence under Section 27 of the Arms Act and have been sentenced to undergo two years' rigorous imprisonment on that count. The sentences have been directed to run concurrently.2. An occurrence is said to have taken place on the evening of 20th January, 1984 at village Nawabganj which lies within the jurisdiction of police station Surajgarha. In that occurrence, deceased Radhey Ram is said to have been shot dead by the appellants, while informant Dhanchand Ram, P.W. 5 (brother of the deceased), is alleged to have received pellet injuries. Dhanchand Ra...
Rakesh Bihari Sharan Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-12-1999
Radha Mohan Prasad, J.1. In this Writ Petition the petitioner has assailed the validity of the very initiation of the proceeding in Certificate Case No. 447-of 1990-91 against him for realisation of Rs. 18,786.50 paise being difference for non-supply of feeds of animals for two groups between 1.8.1989 to 31.7.1990. It appears that while issuing notice on 8.5.92 the Division Bench of this Court formulated the questions involved in the present case. It is stated in the said order that one of the questions raised in this application is as to whether the Director, Sanjay Gandhi Biological Park, Patna, could have signed the certificate which is contained in Annexure-3. In the supplementary affidavit filed on behalf of the petitioner a photostat copy of the requisition for a certificate in Form No. II and the Certificate of Public Demands in Form No. I have been annexed as Annexures 2 and 3 respectively. In para 5 of the said supplementary affidavit it is stated that in pursuance of the afo...
Hari Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-12-1999
A.K. Prasad, J.1. The appeal is directed against the judgment and order dated 9-6-1989 in S.T. No. 93 of 1982 passed by Sri Damodar Prasad, Vth Addl. Judicial Commissioner, Ranchi, convicting all the appellants under Sections 302 read with 34 of the Indian Penal Code on the charge of committing murder of Laka Pahan in furtherance of the common intention and sentencing them to rigorous imprisonment for life. Further, the appellants have been convicted under Section 379 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year thereunder. Besides, the appellant Laro Munda has been convicted under Sections 148 and 324 of the Indian Penal Code and he has been sentenced to undergo rigorous imprisonment for one year on each count. Appellants Hari Singh Munda and Joto Munda have been further convicted under Sections 147 and 325 of the Indian Penal Code and each of them has been separately sentenced to undergo rigorous imprisonment thereunder for six months and one ...
Rupendra Kumar Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-12-1999
Ashok Kumar Ganguly, J.1. This Writ Petition has been filed for issuance of a writ of mandamus directing the authorities of Patna University (hereinafter called the said University) to consider the petitioner's case for appointment to Class III post in place of the post to which he has been appointed which is a Class IV post in view of the petitioner's educational qualification.2. Though in this case notice was sent to respondent No. 5 pursuant to the order of this Court, the respondent No. 5 did not appear. This Court, having regard to the order which it is passing, need not wait for the appearance of respondent No. 5.3. The facts of the case, shortly put are that the petitioner's father Banwari Rai was an employee in the Patna College on a Class IV post of Peon. The father of the petitioner died in harness on 5.6.1998. Thereupon the petitioner applied for appointment on compassionate ground in the prescribed proforma. Then it appears that his application for compassionate appointmen...
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