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Patna Court May 2012 Judgments

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May 16 2012

Mithilesh Kumar Singh Vs. the State of Bihar and anr.

Court: Patna

Decided on: May-16-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25232 of 2011 Mothilesh Kumar Singh, Son of Late Mundrika Prasad Singh, Resident of Village Darihara, P.S. Dariapur, District Saran at Chapra. ---------- Petitioner Versus 1. The State Of Bihar 2. Most. Rajmati Devi, Wife of Late Parma Sah, Resident of Darihara, P.S. Dariapur, District Saran at Chapra. ---------- Opposite Parties ---------------------------------16. 01.2012 After some argument, Sri Akhileshwar Prasad Singh, learned senior counsel, who was assisted by Sri Ajay Kumar Sharma, learned counsel for the petitioner in presence of Sri Binod Kumar No. 2, learned Additional Public Prosecutor, seeks permission to withdraw the petition with liberty to raise all the points which have been raised in the present petition at appropriate stage. Prayer is allowed. The petition stands dismissed as withdrawn with liberty as indicated above. The court expects that if at appropriate stage i.e. at the stage of charge, if such ...


May 16 2012

Dasrath Singh Vs. the State of Bihar Through C.B

Court: Patna

Decided on: May-16-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1007 of 2012 ====================================================== Dasrath Singh .... .... Petitioner/s Versus The State Of Bihar Through C.B .... .... Opposite Party/s =====================================================16. 01-2012 Heard learned counsels for the petitioners and the State. The petitioner is apprehending his arrest in a case registered under Section 7 of the P.C. Act. The initial case was lodged on the complaint of one Binod Kumar @ Arvind Kumar Lad Das against one Mukesh Kumar who used to demand Rs. 15,000/- for processing the award money of the informant on whose information to Income Tax Department, Rs. 5,00,00,000/- were collected from the employees of State Bank of India. During the evidence of the complainant it was deposed that the petitioner also used to demand illegal gratification and on the basis of the same the petitioner has been summoned in exercise of powers under Section 319 of the Cr.P...


May 16 2012

Md. Idrish @ Irshad and ors. Vs. the State of Bihar

Court: Patna

Decided on: May-16-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44069 of 2011 Idrish nut & Ors. Versus The State Of Bihar ----------- 02/ 16.01.2012 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. It would appear from perusal of the impugned order that except criminal antecedent, there appears to be nothing against the petitioners. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, namely, 1. Idrish nut @ Idrish @ Md Idrish @ Irshad 2. Jalandra Ray @ Jalandhar Rai 3. Md Murtuza, 4. Md Syed and 5. Ram Chandra Baitha, be released on bail on furnishing bail bonds of Rs 10,000/-each with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-cum- FTC No. IV, Sitamarhi in Sessions Trial no.356/2011 arising out of Riga P.S. Case no. 95/2010. shahid (Hemant Kumar Srivastava,J)...


May 16 2012

Ganaur Sahni Vs. the State of Bihar

Court: Patna

Decided on: May-16-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43998 of 2011 Bigan Sahni, S/O-Baliram Sahni Versus The State Of Bihar ---------------------------------- with Criminal Miscellaneous No.45271 of 2011 Ganaur Sahni, S/O-Sukhdeo Sahani Versus The State Of Bihar ---------------------------------16. 01.2012 Both the above stated petitions arise out of Vaishali P.S. Case No. 227 of 2011 registered under Sections 414/34 of the Indian Penal Code and Section 30(iii) of Prachin Smarak and Puratatwa Asthal Awashesh Act, 1950 and accordingly, both the above stated petitions are being disposed of by this common order. At the very outset, learned counsel for the petitioners points out that after investigation police submitted charge-sheet only under Section 414/34 of the Indian Penal Code but there is nothing on the record to show that seized idols were stolen property. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be r...


May 16 2012

Sonu Kahar Vs. the State of Bihar

Court: Patna

Decided on: May-16-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.304 of 2012 Sonu Kahar Versus The State Of Bihar ---------------------------------- 02. 16.01.2012 Petitioner is languishing in custody since 19.08.2011 in a case registered for the offences under Sections 323, 448, 354, 379 of the I.P.C. The accusation is of making attempt to establish forceful physical relationship. Initially the complaint was filed and after being transfer to the police, the police found the accusation true only under Sections 323, 448, 354 of the I.P.C. and subsequently learned Magistrate took cognizance under Sections 341, 324, 376/511 of the I.P.C. Considering the aforesaid facts, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Ara Town P.S. Case No. 187 of 2011. Shageer ( Dinesh Kumar Singh, J)...


May 16 2012

Rama Kant Pandit @ Dahaur Pandit Vs. the State of Bihar

Court: Patna

Decided on: May-16-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44132 of 2011 Rama Kant Pandit @ Dahaur Pandit Versus The State Of Bihar ----------- 02/ 16.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 31.8.2011 on the charges that he entered the house of the informant and committed rape on her. The contention of learned counsel for the petitioner is that in course of medical examination of the informant, no sign of rape was found on her person and furthermore, no injury was also found on the body of the informant whereas it is the specific case of the informant that she had sustained injury in the alleged occurrence. It is also pointed out by him that the informant has already compromised the case with the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Rama Kant Pandit @ Dahaur Pandit, be released on bail on furni...


May 16 2012

Raghuni Ram Vs. the State of Bihar

Court: Patna

Decided on: May-16-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44102 of 2011 Raghuni Ram Versus The State Of Bihar ----------- 02/ 16.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Although petitioner is not named in the first information report but the impugned order of learned Addl. Sessions Judge reflects that on the basis of disclosure made by this petitioner, stolen articles have been recovered from the shop of one co-accused person and furthermore, impugned order of learned Addl. Sessions Judge reveals that the petitioner has criminal antecedent. Therefore, I am not inclined to release the petitioner on bail. His prayer for bail in connection with Bagaha(Pathkauli) P.S. Case no. 247/2011 pending in the court of the Addl. Chief Judicial Magistrate, Bagaha District West Champaran is, hereby, rejected. However, the petitioner may renew his prayer for bail after completion of one year in jail custody, if the trial of the...


May 16 2012

Anil Kumar Singh and ors Vs. State of Bihar and anr

Court: Patna

Decided on: May-16-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.54927 of 2007 Anil Kumar Singh & Ors Versus The State Of Bihar & Anr ---------------------------------- 10. 16.1.2012. Perused the office notes and heard learned counsel for the petitioners. It appears that notice was issued to opposite party no.2 under ordinary process as well as registered cover with A/D but the same has been returned with endorsement that the opposite party no.2 does not reside at the address given. Learned counsel for petitioners submits that the address of the opposite party no.2, as given in the complaint petition, is the address of the petitioners and he has no knowledge about the whereabouts of the opposite party no.2 as he has no concern with the opposite party no.2. In that view of the matter, learned counsel for the petitioners prays for service of notice upon the opposite party no.2 through two news papers for publication. Prayer is allowed. As prayed for, 15 days time is granted to the lear...


May 16 2012

Md. Mazarul Vs. the State of Bihar

Court: Patna

Decided on: May-16-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.259 of 2012 Md. Mazarul, son of Md. Faizlur Rahman Versus The State Of Bihar ---------------------------------- 02. 16.01.2012 Petitioner is languishing in custody since 22.09.2011 in a case registered for the offences under Sections 341, 323, 307, 504/34 of the I.P.C. The accusation is of making assault by iron rod, lathi and bamboo. A statement has been made in para 9 of the petition that injuries have been found to be simple. Considering the aforesaid submissions and the period under custody, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, F.T.C.-VII, Purnea in connection with Sessions Trial No. 1199 of 2011, arising out of Sadar P.S. Case No. 314 of 2011. Shageer ( Dinesh Kumar Singh, J)...


May 16 2012

Sahdeo Singh Vs. the State of Bihar

Court: Patna

Decided on: May-16-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44109 of 2011 Sahdeo Singh Versus The State Of Bihar ----------- 02/ 16.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Allegedly, three persons including the petitioner assaulted the deceased with iron rod but only one injury on the head of the deceased has been found whereas some other injuries were found on other parts of the body. Moreover, having similar allegation co accused Shankar Rai has already been granted privilege of bail by another bench of this court vide order dated 18.8.2010 passed in Cr. Misc. no. 18885/2010. Accordingly, petitioner, Sahdeo Singh, is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Dalsingsarai in Dalsingsarai P.S. Case no. 298/2007. shahid (Hemant Kumar Srivastava,J)...


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