Patna Court August 2010 Judgments
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Gopal Lal Sizuar. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-03-2010
1. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 20.9.1999 passed by Sri B.M. Ray, Judicial Magistrate, Ist Class, Gaya in G.R. Case No.89 of 1990/Trial No.529 of 1999 arising out of Gaya Civil Lines P.S. Case No.12 of 1999. By the said order, the learned Magistrate has summoned the petitioner as an additional accused in the case for offence under Sections 147, 149, 323, 324/34 of the Indian Penal Code.2. Short fact of the case is that on the basis of fardbeyan of opposite party no.2, an F.I.R. vide Gaya Civil Lines P.S. Case No.12 of 1999 was registered on 9.1.1999 for the offence under Sections 147, 148, 324, 323, 379 of the Indian Penal Code. In the F.I.R., seven persons including this petitioner were named as an accused in Column No.7. Fardbeyan of informant was recorded on 7.1.1999 at about 4.00 P.M. in Paligram Hospital, Gaya by the Sub Inspector of Police, Kot...
Ghutar Rajbanshi. Vs. State of Bihar.
Court: Patna
Decided on: Aug-02-2010
1. When the case was called, no one appeared on behalf of the appellant, as such in order to have assistance from the side of the appellant Mr. Ranbir Singh, Advocate was appointed as Amicus Curiae2. Sole appellant Ghutar Rajbanshi has been convicted for offence under Sections 364A & 365 of the IPC by the Additional Sessions Judge, Fast Track Court No. II, Nawadah in Sessions Trial No. 125 of 2003/237 of 2000 and sentenced R.I. for life under Section 364 of the IPC and R.I. for five years under Section 365 of the IPC 3. Akbarpur P.S. Case No. 184 of 1993 was instituted on 13.11.1993 at 6.15 p.m. on the basis of fard- beyan of Gumma Pasi (P.W. 7) father of victim Santosh Kumar (P.W.8) aged about 10 years. The F.I.R. was instituted against unknown for offence under Sections 364 & 365 of the IPC. Later on, Section 364A of the IPC was also added.4. The case of prosecution as disclosed in the fard-beyan of the informant is that in the morning of 13.11.1993 he had gone to sell Mahuwa liquor ...
Nagina Khatoon. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Aug-02-2010
1. When the case was called one, no one appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. From the record, it appears that notices were earlier issued to Opp.Party nos. 2 to 8; however, they refused to accept the same. Accordingly, the service of notice was affected on Opp.Party nos.2 to 8.2. In absence of either of the parties, I myself have perused the materials available on record. The sole petitioner has filed a complaint vide Complaint Case No. 317 of 1999 in the court of the learned Chief Judicial Magistrate, Madhubani alleging therein that the petitioner was earlier married to one Md. Rais, who died in the year 1991 in election at a Booth. After death of her husband, a compensation of Rs.1, 20,000/- was given, which was deposited in favour of the minor daughter of the petitioner under the guardianship of her grand-father? Subsequent to death of her husband, with the consent of both the families, the petitioner/ complainant wa...
Ramratan Singh. Vs. State of Bihar.
Court: Patna
Decided on: Aug-02-2010
1. Ratan Singh alias Ramratan Singh (appellant in Cr. Appeal No. 655 of 2004) and Sadanand Singh (appellant in Cr.Appeal No.756 of 2004) have been convicted by the Additional Sessions Judge-cum-Fast Track Court 5th, Nawadah, by his judgment and order dated 1.9.2004 passed in Sessions Trial No.116 of 2004/1 of 1995 for the offence under Section 364A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.2. The prosecution case, in short, is that one Pawan Kumar (P.W.4) gave a written report to the Superintendent of Police, Nawadah, on 11.6.1994 stating that his brother Arbind Kumar, who had gone to Nawadah on 28.5.1994 for purchasing cement bags for his shop at Basodih, had not returned till 29.5.1994 and that had become an anxiety for the family members. It was also stated in the written report that on 30.5.1994 a truck loaded with cement bags came and the person accompanying the cement bags informed that Arbind Kumar had gone to Patna. On 1.6.1994 at 6 P.M. a...
Sadanand Singh. Vs. State of Bihar.
Court: Patna
Decided on: Aug-02-2010
1. Ratan Singh alias Ramratan Singh (appellant in Cr. Appeal No. 655 of 2004) and Sadanand Singh (appellant in Cr.Appeal No.756 of 2004) have been convicted by the Additional Sessions Judge-cum-Fast Track Court 5th, Nawadah, by his judgment and order dated 1.9.2004 passed in Sessions Trial No.116 of 2004/1 of 1995 for the offence under Section 364A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.2. The prosecution case, in short, is that one Pawan Kumar (P.W.4) gave a written report to the Superintendent of Police, Nawadah, on 11.6.1994 stating that his brother Arbind Kumar, who had gone to Nawadah on 28.5.1994 for purchasing cement bags for his shop at Basodih, had not returned till 29.5.1994 and that had become an anxiety for the family members. It was also stated in the written report that on 30.5.1994 a truck loaded with cement bags came and the person accompanying the cement bags informed that Arbind Kumar had gone to Patna. On 1.6.1994 at 6 P.M. a...
Sarfuddin. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-02-2010
1. This is an application under Section 482 Cr.P.C. seeking quashing of order dated 03.07.2004 passed in Bihar Sharif Case No. 26 (M) of 2002. The proceeding under Section 125 Cr.P.C. allowing Rs. 5,00/- (Five Hundred) per month, by way of interim maintenance to the opposite parties here.2. It is contended on behalf of the petitioner that the opposite parties has already been divorced much before filing of case under Section 125 Cr.P.C. and the same was also confirmed by the competent court in Divorce Suit No. 06 of 2001 vide ex-parte judgment dated 21.01.2003, passed by Principal Judge, Family Court, Patna.3. By supplementary affidavit, it has been informed to this court that the ex-parte decree passed in Divorce Suit No. 06 of 2001 has already been set-aside at the instance of opposite parties and the suit is proceeding hearing, where in also again the opposite parties left attending Court.4. It is also submitted that by way of litigation cost the petitioner has been directed by the ...
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