Patna Court January 2008 Judgments

Sudama Bhagat and ors. Vs. State of Bihar and anr.

Court: Patna

Reported in: 2008(1)BLJR929

1. Which of the two courts - the Magisterial court at Gopalganj or the one in Saran at Chapra - had the territorial jurisdiction to entertain and adjudicate the complaint petition preferred by the complainant, impleaded as O.P. No. 2 herein, is the significant issue which falls for decision in this application under Section 482 Cr.P.C.2. The five petitioners herein have filed the application for quashing of the entire criminal proceeding arising from Complaint Case No. 980(c) of 2005 including the order dated 26.9.2006, passed therein by the learned Sub - Divisional judicial Magistrate, Gopalganj on the ground that the same was without jurisdiction.3. The background facts sans unnecessary details are as follows: The marriage of the complainant, Renu Devi, was solemnized with petitioner No. 1, Sudama Bhagat, on 26.4.1999 at village Mohamadpur within the District of Gopalganj whereat costly items of gifts worth Rs. 43,000/- were presented to her. After the marriage she went to her marita...

Suresh Singh @ Harami and ors. Vs. State of Bihar and anr.

Court: Patna

Abhijit Sinha, J.1. The three petitioners who are F.I.R. named accused of Piro (Hassan Bazar) P.S. Case No. 148 of 2002 giving rise to Sessions Trial No. 100 of 2004 are aggrieved by the order dated 12.7.2007 passed by the learned Presiding Judge, Fast Track Court No. III, Bhojpur at Ara, whereby he has summoned the petitioners who had not been sent up to face trial along with others in exercise of powers conferred under Section 319 Cr.P.C. 2. Briefly stated, the prosecution case as available in the fardbeyan of the informant, Baleshwar Singh, O.P. No. 2 herein, inter alia is that he had gone to sleep at about 9.30 P.M. in the night of 30.8.2002 in the room situated at the east of the Dalan after taking his meal and at about 10 P.M. he was suddenly awakened by the barking of the dogs who had observed the movement of some persons near the eastern door of the Dalan. The informant is said to have flashed his torch in the light whereof he identified accused Surendra Sah and Suresh Singh a...

The State of Bihar and ors. Vs. Sri S.K. Verma

Court: Patna

Barin Ghosh and J.N. Singh, JJ.1. On 22nd March, 1990, the writ petitioner-respondent was suspended. He, therefore, filed the first writ petition challenging his order of suspension. During the pendency of the first writ petition, on 22nd April, 1990 a charge sheet was issued against the writ petitioner-respondent and thereby a disciplinary proceeding was initiated against him under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules, 1950. In the charge sheet it was indicated that Sri B.N. Upadhyaya, the Superintending Engineer has been appointed as the Enquiry Officer and Sri Kalakand Kumar, Executive Engineer has been appointed as the Presenting Officer. The writ petitioner-respondent was asked to give his explanation with respect to the charges before the Enquiry Officer. The charge sheet contained nine charges but did not furnish any list of witnesses or documents.The charges, as were levelled against the writ petitioner - respondent, were in relation to work...

Doctor Yadav and ors. Vs. the State of Bihar

Court: Patna

Shiva Kirti Singh and Shailesh Kr. Sinha, JJ.1. All the four appeals arise out of the same judgment dated 25th day of July, 2006 and order dated 27th July, 2006 passed by learned Additional Sessions Judge, F.T.C. II, Khagaria, in Sessions Case No. 363/2000/SC 326/2000 and therefore, they have been heard together and are being disposed of by this common judgment.2. All the nine appellants have been tried together and convicted for the offence under Section 148/302/302 read with Section 149 of the I.P.C. For the offence under Section 148 of the I.P.C., they have been sentenced to undergo R.I. for two years and for the offence under Section 302 and also for the offence under Section 302 read with Section 149 of the I.P.C., they have been awarded life imprisonment. All the sentences have been ordered to run concurrently.3. The prosecution case as appearing from the Fardbeyan of P.W. 1 Bijay Kumar Yadav recorded on 15.4.1999 at 4.30 P.M., in short, is to the effect that on the same date, ...

Sanjay Singh and anr. Vs. State of Bihar

Court: Patna

Sadanand Mukherjee, J.1. This is an application for quashing the order dated 23.7.2007 passed by the Addl. Chief Judicial Magistrate, Saran at Chapra ir U.T. 304 of 2007, arising out of Sonepur P.S. Case No. 14 of 2004, by which he has taken cognizance of offence under Sections 147, 143, 149, 341, 324, 307, 435, 436, 427 of the I.P.C. and Section 27 of the Arms Act against the petitioners.2. The prosecution case is that on 19.2.2004 in the morning the informant saw a tractor loaded with sand at the Hariharnath Chowk and asked the driver for the tall of sand lifting on which the driver went to call his employer. After some time several persons along with the petitioners and others came variously armed and assaulted him. After some time the named persons in the F.I.R. including the petitioners along with 200-250 persons came to the house of Sadhu Yadav and started firing. The informant and others also fired in retaliation. The mob set fire and took away Rs. 40,000/- and a licencee revol...

Dulli Bhuyan and ors. Vs. State of Bihar

Court: Patna

Shyam Kishore Sharma, J.1. This appeal is directed against the judgment dated 19-1-1993 passed by the 8th Additional Sessions Judge, Gaya in Sessions Trial No. 482/96 of 1983/1990 whereby the appellant Nos. 1 and 2 namely, Dulll Bhuyan and Jatah Ravldas were convicted under Section 324 of the Indian Penal Code and the appellant No. 3 Kuleshwar Bhuyan was convicted under Section 323 of the Indian Penal Code. Appellant Nos. 1 and 2 were sentenced to undergo R.I. for two years and the appellant No. 3 R.I. for one year.Initially the case was registered under Section 307 of the Indian Penal Code on the basis of fardbeyan of P.W. 6 Badri Yadav with regard to an occurrence dated 14-8-1993. He alleged that his son Umesh Yadav (P.W. 4) had gone to graze his buffaloes. At about noon of the day erne of the she buffaloes suddenly pulled out thatch-pieces from the roof of Dulll Bhuyan's house. Dulll Bhuyan lost his control and assaulted by fist and slaps to Umesh and also abused him. Umesh return...

State of Bihar Vs. Nand Kishore Singh

Court: Patna

Shiva Kirti Singh and Shailesh Kumar Sinha, JJ.1. By the judgment and order under appeal dated 31st, August, 2005 passed by learned 7th Additional Sesssions Judge, Muzaffarpur in Sessions Trial No. 456 of 2000 arising out of Meenapur P.S. Case No. 73 of 1999, appellant Nand Kishore Singh (Death Reference No. 7 of 2005 and Cr.Appeal No. 622 of 2005), appellant Maheshwar Singh (Cr.Appeal No. 643 of 2005) and appellant Mintu Kumar @ Mintu Singh (Cr.Appeal No. 763 of 2005) have been convicted for the offence under Section 396 of the Indian Penal Code. Appellant Maheshwar Singh has been further convicted under Section 412 I.P.C. but for that no separate sentence has been awarded to him. Co-accused Ramesh Singh has been acquitted of the charges under Sections 396 and 412 of the I.P.C. By order dated 3-9-2005 appellant Nand Kishore Singh has been awarded death sentence on account of allegation that in course of dacoity he shot and caused death of deceased Madhukant Jha. The other two appella...

Abhay Kant Sahay Vs. State of Bihar and anr.

Court: Patna

Rekha Kumari, J.1. This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the order dated 8.8.2003 passed by the Judicial Magistrate, 1st Class, Patna in Complaint case No. 121 (c) of 2003 whereby he has ordered to issue summons against the petitioner for facing trial for the offences under Sections 406 and 420 of the Indian Penal Code.2. The case of the complainant-opposite party No. 2 Subhash Chandra Sinha is that he is a dairy engineer and Ex-Director of RAPCOM Computer Education. Petitioner Abhay Kant Sahay is Ex-Managing Director of the Company. In January, 1998 the petitioner allured and induced him to join his business as Director for which he had to invest Rs. 4,54,000/-. Accordingly, the complainant paid the same to the petitioner. At that time one of the Directors, namely, Arun Sharma was to quit the office and he had to transfer his share to the complainant but the said share was not transferred. The complainant was appointed ...

Braj Kishore Mandal Alias Jai Kishore Mandal and ors. Vs. the State of ...

Court: Patna

Shyam Kishore Sharma, J.1. Cr. Appeal No. 111 of 1993 filed on behalf of appellants Braj Kishore Mandal alias Jai Kishore Mandal and Suresh Mandal alias Turanti Mandal and Cr. Appeal No. 127 of 1993 filed on behalf of appellant Jawahar Mandal have been heard together as these have arisen out of a common judgment and are being disposed of by this judgment.2. Both the appeals have been filed against the judgment of conviction and sentence passed by 2nd Additional Sessions Judge, Munger passed in Sessions Trial No. 566 of 1988 by which the appellants of both the appeals have been convicted and sentenced to undergo rigorous imprisonment for ten years under Section 307/34 of the Indian Penal Code. Appellants Braj Kishore Mandal alias Jai Kishore Mandal and Suresh Mandal alias Turanti Mandal (appellants of Cr. Appeal No. 111 of 1993) have further been convicted and sentenced to undergo rigorous imprisonment for three months under Section 323 of the Indian Penal Code. Both the sentences of ...

Shanker Singh and ors. Vs. State of Bihar

Court: Patna

Shyam Kishore Sharma, J.1. The appellants, namely, Prabhu Singh and his son Shankar Singh, Prakash singh, Ram Chandra Singh, Subodh Singh and Sakal Deo Singh have preferred this appeal against the judgment of conviction and order of sentence dated 16.1.1993 passed by the Sessions Judge, Khagaria in Sessions Case No. 620 of 1991 arising out of Beldour P.S. Case No. 93 of 1990 whereby the appellants were found guilty for the offence under Section 363 Indian Penal Code and were sentenced to undergo R.I. for the period which has already been undergone by them in custody.All the accused persons who are appellants were charged under Section 364 of the Indian Penal Code for abducting Dular Singh PW 6 from village Gawas at Raman Singh Basa P.S. Beldour District Khagaria on 30th December, 1990 with intention that he may be murdered.2. One Parwati Devi, PW 7 wife of the Inderdeo Singh stated that at 3 P.M. four she buffaloes of Prabhu Singh were taken away by the criminals. After one hour Shank...