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Patna Court May 2012 Judgments

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May 13 2012

Brijesh Kumar @ Biresh Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43536 of 2010 Brijesh Kumar @ Biresh Kumar Versus The State Of Bihar ---------------------------------- 2. 13.01.2012 The present application has been filed for quashing the order dated 24.09.2010 passed in complaint case no. 1346(c)/2010 by the Judicial Magistrate Ist Class, Patna, under Section 307 of I.P.C. According to paragraph 9 of the complaint filed by one Christopher James Rozario, the accused Brijesh Kumar had cancelled the supply of insulin to him from 02.12.2009 to 07.12.2009, well knowing that it is a life- saving drug, with a view to ensure that he suffers from Hyperglycemic Coma and is finally done to death. Learned counsel for the petitioner on the other hand refers to Annexure-2 series in support of his stand that he was on leave for the period from 26.11.2009 to 07.12.2009 and he has no involvement in the offence as alleged. He further states that the complainant is an accused in various cases and his ...


May 13 2012

Banshilal Yadav Vs. the State of Bihar and ors

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1366 of 2010 In (CIVIL WRIT JURISDICTION CASE 1500 2010) Banshilal Yadav, son of late Swarooplal Yadav, resident of village Laxmipur, Dohatha, P.S. Ghanshyampur, district Darbhanga .. Petitioner-Appellant Versus 1. The State of Bihar through its Chief Secretary, Bihar, Patna 2. The Commissioner, Darbhanga Division, Darbhanga 3. The Collector, Darbhanga 4. The Sub Divisional Officer, Biroul, Darbhanga 5. The District Supply Officer, Darbhanga 6. The Block Supply Officer, Ghanshayampur, Darbhanga **** /3/ 13 January, The present appeal is filed against the order, date27. 07.2010, passed by the learned Single Judge in C.W.J.C. No. 1500 of 2010. The writ petition was filed questioning the order of the authorities in cancelling the licence of the appellant for running a fair price shop (public distribution system dealership) which was confirmed by the authorities below. The learned Single Judge having gone into the merits of ...


May 13 2012

Ashwani Kumar Singh @ Babloo Vs. the State of Bihar and anr.

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38815 of 2011 Ashwani Kumar Singh @ Babloo son of Late Laxmeshwar Prasad Singh, resident of village Khilwat, P.S. Bidupur, District Vaishali. ... ... Petitioner. Versus 1. The State Of Bihar.2. Krishna Devi, Wife of Late Pramod Singh, Resident of village Khilwat, P.S. Bidupur, District Vaishali. ... ... Opposite Parties. ---------------------------------- 4. 13.1.2012. Heard Shri Suraj Narayan Prasad Sinha, learned Senior Counsel for the petitioner and Shri Mritunjay Kumar Nirala, learned Additional Public Prosecutor. The petitioner, while invoking extraordinary inherent jurisdiction of this Court under Section 482 of the Cr.P.C., has prayed for quashing of an order dated 9.3.2011 passed by learned Chief Judicial Magistrate, Vaishali at Hajipur, whereby the learned Magistrate has taken cognizance for the offences under sections 302 and other allied sections of the Indian Penal Code and also under Section 27 of the Arms ...


May 13 2012

Dr. Kumar Viveka Nand and Anrs. Vs. the State of Bihar and anr

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6533 o1. Dr. Kumar Viveka Nand S/O Sri Upendra Narain, resident of village Jibachhpur, P.S. gamhariya, District Madhepura at present posted Incharge Medical Officer, Primary Health Centre, Sonbarsa Raj, P.S. Sonbarsa, District Saharsa.2. Ram bachan Ram @ Bechan Ram S/O Late Bhola Ram, resident of village Manoharpur, P.S. Rajpur, District Buxar at present posted as Driver, Primary Health Centre, Sonebarsa Raj, P.S. Sonbarsa, District Saharsa. ... ... Petitioners. Versus 1. The State Of Bihar 2. Shanker Badhai S/O Late Ram Bilash Badhai, resident of village Biratpur, P.S. Sonbarsa, District Saharsa. ... ... Opposite Parties. ---------------------------------- 4. 13.1.2012. Heard Shri Arvind Kumar, who was assisted by Shri Vishoka Nand, learned counsel for the petitioner and Smt. Indiwar Kumari, learned Additional Public Prosecutor. Issue notice to opposite party no.2 to file show cause as to why this petition be not dispo...


May 13 2012

Hira Yadav Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.181 of 2012 Hira Yadav Versus The State Of Bihar 2. 13.01.2012. Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 25.08.2011 in a case registered for the offence under Sections 304(B) and 201/34 of the Indian Penal Code. The accusation is of demand of dowry and torture. It is submitted that there is no specific accusation against the petitioner and mother-in-law and other family members have been granted bail vide Cr. Misc. No. 29971 of 2011 by this Court which gets reflected from Annexure-3. 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 the learned Sub Judicial Magistrate, Daudnagar, Aurangabad, in connection with Goh P.S. Case No.75 of 2011. U. K. ( Dinesh Kumar Singh, J)...


May 13 2012

Md. Moquim Vs. the State of Bihar and anr

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1048 of 2012 ====================================================== Md. Moquim. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Sitara Khatoon. .... .... Opposite Party/s =====================================================13. 01-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The petitioner is ready to keep the complainant as wife with full dignity and honour. Considering the stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount ea...


May 13 2012

Mala Kumari @ Mala Devi Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1098 of 2012 ====================================================== Mala Kumari @ Mala Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =====================================================13. 01-2012 Heard learned counsels for the petitioner and the State. The petitioner being the married sister of the husband is apprehending her arrest in a case registered under Sections 304B and 201/34 of the Indian Penal Code. The accusation is of demand of dowry and torture. There is general accusation against all the family members including the petitioner. Considering the fact that the thrust of accusation is against the husband and the informant has subsequently retracted from her initial version and has filed a petition to that effect before the learned court below, let the above named petitioner be released on anticipatory bail in the event of her arrest or surrender before the learned court bel...


May 13 2012

Ranjeet Yadav and anr. Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1123 of 2012 ====================================================== 1. Ranjeet Yadav 2. Bambam Yadav .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party =====================================================13. 01-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in connection with Sahebpur Kamla P.S. Case No. 92 of 2011 registered under Sections 363 and 365 of the Indian Penal Code pending in the Court of learned Judicial Magistrate, 1st Class, Begusarai. The accusation is of abducting the minor boy of the informant for the purpose of marriage. It is submitted by learned counsel for the petitioners that the said boy was subsequently married with the daughter of one Mantu Yadav and the matter was settled between the parties. Considering the same Mantu Yadav has been granted regular bail. I see no reason for the learned court below not to give...


May 13 2012

Sk. Khairullah @ Khalilullah Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42156 of 2011 Sk. Khairullah @ Khalilullah, Son of Sk. Lal Mohammad, R/o Village Sripur Bazar, P.S. Sugauli, District East Champaran. -------Petitioner Versus The State Of Bihar -----Opposite Party ----------------- 02/- 13/01/2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under Sections 341, 325, 308, 379 & 34 of the Indian Penal Code, is one of the named accused in this case with allegation of assault and taking away some cash from the informant, who is non-else than father-in-law of the petitioner and due to some strange relationship with his wife. She is for the present residing with the informant. Submission is that only to put pressure, the instant case has been instituted. Further, petitioner has no criminal antecedent. If, it is so, in the event of his a...


May 13 2012

Radha Manjhi Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32684 of 2011 Radha Manjhi, son of Late Lal Bahadur Manjhi, resident of village-Kokariya, P.S. Khaira, District-Saran. Versus The State Of Bihar ---------------------------------13. 01.2012 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner is in custody in connection with Khaira P.S. Case No. 89 of 2010 (S.Tr.No.180 of 2011) for the offences punishable under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioner with reference to the F.I.R. placed at Annexure-1 submits that the informant is not a witness of the occurrence and that he has been told by his brother-in- law Shailesh Rai. It is stated that even the said Shailesh Rai did not identify the accused persons rather was told by one Dipak Rai that three persons who had arrived on the motorcycle were Radha Manjhi (petitioner), Nandlal Manjhi and Sanjay Manjhi. It is on t...


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