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Patna Court February 2007 Judgments

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Feb 01 2007

Pramod NaraIn Sharma and ors. Vs. the State of Bihar and anr.

Court: Patna

Decided on: Feb-01-2007

S.C. Jha, J.1. Heard learned Counsel for the parties.2. This application has been filed for clashing the order dated 10.7.2004 passed in Complaint Case No. 300/04 by the learned SDJM (East), Muzaffarpur, whereby and where-under cognizance under Sections 406 and 498A of Indian Penal Code as also Sections 3 and 4 of Dowry Prohibition Act has been taken against the petitioners.3. The facts of the case ate as follows: One Dr. Suresh Kumar Singh, father of Nirja Singh, had filed a complaint case before the Chief Judicial Magistrate, Muzaffarpur, bearing Complaint case No. 300/2004 on 16.2.2004, for the commission of /offences punishable under Sections 406, 420 / 120B, 498A, 323, 324 and 307 of Indian Penal Code as also Sections 3 and 4 of Dowry Prohibition Act.4. According to the complaint petition, marriage of Nirja Singh, daughter of the complainant, was solemnised on 10.5.2001 with Rajeev Sharma, Petitioner No. 3 after observance of Hindu rites and rituals at their place in Mohalla-Jhur...


Feb 01 2007

Tarkeshwar Singh and Deo Nath Rai Vs. the State of Bihar

Court: Patna

Decided on: Feb-01-2007

Subash Chandra Jha, J.1. These two applications are directed against the order dated 10.5.1996 passed by learned Chief judicial Magistrate, Saran at Chapra, in Mashrakh P.S. case No. 09/96 dated 11.1.1996 whereby and whereunder learned Chief Judicial Magistrate took cognizance of the offence against the petitioners.2. An F.I.R. was drawn vide Mashrakh P.S. Case No. 09/96 dated 11.1.96 on the basis of statement of one Babulal Gupta to this effect that on 10.1.1996 at about 4.30 P.M. while he was sitting at his shop, all on a sudden 7-8 motorcycles, on each motorcycle two persons were boarded, who were variously armed with fire arms, stopped there. It has been further alleged that just thereafter Tarkeshuar Singh, petitioner of Cr. Misc. No. 6124/98, son of Ram Bahadur Singh, ordered to shoot him and thereafter Rustam Khan, who is said to be personal body guard of Tarkeshwar Singh, fired upon Shatrughan Prasad, brother of the informant, and, as such, Shatrughan fell down. Just thereafte...


Feb 01 2007

Binod Choudhary Vs. the State of Bihar

Court: Patna

Decided on: Feb-01-2007

Shiva Kirti Singh and Subash Chandra Jha, JJ.1. This, appeal is directed against judgment and order dated 19th January, 2002, passed by learned 1st Additional Sessions Judge, Banka, in Sessions Case No. 126 of 1998, arising out of Bounsi P.-8 case No. 108 of 1997. Whereby the sole accused-appellant has been held guilty of the charge under Section 302 I.P.C. and sentenced to rigorous imprisonment for life.2. The prosecution case in short is that on 14.10.1997 in the morning hours the deceased, who was a cousin brother of the appellant, had gone to see his crops in the field and had found that some catties had grazed his crops. He came back angry and after some time when he was hurling abuses directed against nobody in particular, this appellant mistook abuses to be directed against him and entered into verbal altercation with the deceased. The accused-appellant became so angry that he went inside his house which is adjacent to the house of the deceased, brought out a Bhala and gave a s...


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