Patna Court June 1999 Judgments

Radha Choudhary Vs. the State of Bihar

Court: Patna

P.K. Deb, J.1. This appeal has been preferred against the judgment and order dated 9.2.1989 passed by the then 5th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 149/11 of 1987/1988 convicting the accused appellant under Sections 366/376, I.P.C. and sentencing him to undergo rigorous imprisonment for seven years under Section 376, I.P.C. and further convicted to go rigorous imprisonment for seven years under Section 366, I.P.C. but both the sentences are ordered to run concurrently.2. Ext. 1, fardbeyan was recorded by the Sub-Inspector N.K. Singh of Siwan Town P.S. on 21.1.1987 in the night hours at about 9 p.m. on the statement of victim girl Shima alias Baby Kumari. The girl stated in the fardbeyan that about eight days before i.e. on 13.1.1987 the accused appellant Radhey Chaudhary kidnapped her from her house at village Dumari Chapia within P.S. Taraij'a Dist. Saran on the plea that her father was ill and hospitalised at Siwan but instead of taking her to Siwan s...

Motilal Singh and ors. Vs. the State of Bihar

Court: Patna

P.K. Deb, J.1. This appeal has been preferred by the above named accused appellants against the judgment and order dated 18.3.1989 passed by the then 5th Additional District and Sessions Judge, Saran, Chapra in Sessions Trial No. 160/87 whereby all the three appellants have been convicted under Section 307/34 of the Indian Penal Code and sentenced to rigorous imprisonment for seven years. Accused appellant No. 1 Motilal Singh has further been convicted under Section 27 of the Arms Act and sentenced to rigorous imprisonment for one year but the same sentence has been directed to run concurrently with the substantive sentence of seven years of R.I. The parties were inimical to each other as the admitted facts is that there were civil suit and the criminal case pending between the parties. The case of the prosecution is that the Informant Ram Narain Singh on 11.4.1985 at about 5 p.m. went to village Babutolla to purchase wheat and at about 7 p.m. in the return journey when he reached nea...

Smt. Chanda Devi Vs. State and ors.

Court: Patna

Aftab Alam, J. 1. The petitioner prays for quashing of the direction, cancelling allotment of a plot of land earlier made in her favour, as contained in letter No. 1187/A, dated 3-6-1986 (Annexure-6) issued by the Manager Estate-cum-Additional Secretary of the Bihar State Housing Board'.2. It may be stated at the outset that there is no suggestion or hint in this letter that the order of cancellation of allotment was passed by some other superior officer and the Manager Estate was only communicating that decision to the petitioner through his letter. On the contrary, from the impugned letter it appears that the decision of cancellation of' allotment was taken by the Manager Estate himself for the reasons stated in the letter.3. In the impugned letter it is stated that the petitioner was allotted plot No. U-469, situate at Lohlanagar Housing Colony, Patna as If the plot In question was one of the random left over ('chit put') plots. The plot In question, however, did not belong to tha...

Arun Kumar Vs. State of Bihar and anr.

Court: Patna

Narayan Roy, J.1. Heard learned Counsel for the petitioner and also learned Counsel for the complainant-opposite party No. 2.2. By this application, the petitioner has prayed for quashing the order taking cognizance dated 9-11-1991 passed by the learned Additional Chief Judicial Magistrate, Banka in Complaint Case No. C 59/90 under Sections 147, 148, 149, 302 and 436 of the Indian Penal Code.3. The brief facts giving rise to this application are as under : The opposite party No. 2 filed a petition of complaint in the Court of the Additional Chief Judicial Magistrate, Banka stating therein, inter alia, that on 15-11-1989 at 6'O clock a mob consisting of Muslims came towards his village armed with lethal weapons including bomb and fire-arms and they also started exploding bombs and firing from their fire-arms and seeing the mob, the villagers started fleeing away and in the meantime, the petitioner along with 25 armed police forces came there and at the behest of the petitioner, the ar...

Murat Yadav and ors. Vs. the State of Bihar

Court: Patna

P.K. Deb, J.1. This appeal has been preferred by the above named eight appellants against the judgment and order dated 8-2-1989 passed by Shri Narendra Kumar Lal, 4th Additional Sessions Judge, Gaya in Sessions Trial No. 83/86(313/85) convicting the appellants under Section 324/34 of the Indian Penal Code and sentencing Dineshwar Yadav to undergo R.I. for five years and rest of the appellants to undergo R.I. for four years. While admitting the appeal a Single Judge of this Court vide order dated 14-2-1989 has allowed the appellants to go on bail during the pendency of the appeal.2. The prosecution case in brief is that Saket Sharma had gone towards south of the village after taking breakfast for the labourers and while returning home all the accused-persons who were working in their own lands had surrounded Saket Sharma and on being asked by accused appellant No. 1 Murat Yadav and other accused-appellants started assaulting Saket Sharma. Ram Pravesh Yadav accused (appellant No. 5) ca...

Pahlu Vs. Patna Municipal Corporation and ors.

Court: Patna

Reported in: 1999(3)BLJR2136

1. This relates to the payment of the retiral dues to the petitioner who retired from the service on 30-6-94. This is the second attempt on behalf of the petitioner for grant of the relief sought for in the writ application. The petitioner came to this Court earlier in C.W.J.C. No. 3499/95 which was disposed of with an observation to pay the admitted dues, legally payable to the petitioner within the time mentioned therein. Pursuant thereto the petitioner filed a representation before the respondent Corporation. It is submitted that the respondent-Corporation has arbitrarily calculated the amount and paid only a sum of Rs. 33,885/- where as according to the petitioner, a sum of Rs. 1,28,718.08 is still payable to the petitioner. The grievance of the petitioner is that the calculation made by the respondent Corporation is not correct and actual amount legally payable to the petitioner is Rs. 1,28,718.08 as per the calculation made vide Annexure-3 to this writ petition. Having regard to ...

Srivastava Ramanand Prasad Vs. the State of Bihar and ors.

Court: Patna

S.N. Jha, J.1. The petitioner seeks direction to pay him salary for the period from 10.4.1976 to 22.6.1983 during which period he was under suspension in connection with a departmental proceeding.2. By order of the Collector, West Champaran (Bettiah) dated 30.3.1976 communicated by the Establishment Dy. Collector, vide his memo No. 253 dated 6.4.1976, the petitioner was placed under suspension on charges relating to unauthorised absence, dereliction of duty, poor loan recovery etc. Later a formal memo of charge was framed and served on him on 15.4.1976. The petitioner filed the show cause and participated in the proceeding. Finally by order dated 30.7.1987, the Collector agreeing with the report of the Enquiry Officer, awarded the punishment of stoppage of 3 annual increments with cumulative effect. He also directed that petitioner shall not be paid salary except the subsistence allowance for the suspension period. The order of the Collector was communicated to the petitioner by the E...

State of Bihar Vs. Raj Kumar Choudhary

Court: Patna

B.P. Singh, J.1. This appeal has been preferred by the sole appellant-Raj Kumar Choudhary who has been found guilty of the offences under Sections 364, 302 and 201 of the Indian Penal Code by the 2nd Addl. Sessions Judge, Gopalganj, in S.T. No. 348 of 1997. The learned Addl. Sessions Judge while sentencing the appellant to death under Section 302 of the Indian Penal Code has not passed separate sentences for the offences under Sections 364 and 201 of the Indian Penal Code. The judgment and order of the Addl. Sessions Judge, Gopalganj, dated 24-7-98/ 27-7-98 has been impugned in the appeal. We have also before us death Reference No. 7 of 1998 which has been made by the trial Court for the confirmation of the Death Sentence imposed upon the appellant.2. The occurrence giving rise to the instant appeal is said to have occurred at about 12 in the night of 18th May, 1997 in which, according to the prosecution, the appellant snatched away the minor child of the informant while she was slee...

Surat Vs. Patna Municipal Corporation and ors.

Court: Patna

Choudhary S.N. Mishra, J.1. This relates to the payment of the retiral dues to the petitioner who retired from the service on 30-6-94. This is the second attempt on behalf of the petitioner for grant of relief sought for in the writ application. The petitioner came to this Court earlier in C.W.J.C. No. 2794/96 which was disposed of on 14-3-96, with a direction to pay the admitted dues to the petitioner within the time mentioned therein. Accordingly the petitioner filed representation before the respondent-Corporation and, pursuant thereto, the order dated 17th September, 1997 was passed, a copy of which is made Annexure-3 to this writ petition. From the order, it appears that the entire amounts to the tune of Rs. 48,596.20 has been paid to the petitioner and only a sum of Rs. 300/- is due to him and for which the bank draft No. 058 dated 29-9-97 is ready for payment. The grievance of the petitioner is that the calculation made by the respondent-Corporation is not correct and the actu...

Sarju Prasad Singh Vs. the State of Bihar

Court: Patna

Choudhary S.N. Mishra, J.1. None appears on behalf of the petitioner.2. However, this relates to the payment of the G.P.F. amount to the petitioner who retired from the service on 31.1.96 as it appears from paragraph No. 1 of the writ application. In this writ application counter-affidavit has been filed wherein, inter alia, it is stated that the necessary sanction order has already Been issued vide letter No. 40 dated 12.4.96 for a sum of Rs. 1,01,587.00 and pursuant thereto the amount has already been released in favour of the Project Executive Officer, Kudra for payment of the petitioner. However, it is submitted on behalf of the petitioner that the payment has not been made to the petitioner resulting filing of this writ application in December, 1998.3. Accordingly, I direct the respondent authorities particularly the Director, Provident Fund, and the respondent District Provident Fund Officer to pay the G.P.F. amount, if not already paid, to the petitioner within six weeks from t...