Patna Court May 2012 Judgments
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Shankar Jha Vs. Smt. Mala Jha
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.409 of 2010 Shankar Jha Versus Smt. Mala Jha ---------------------------------13. 01.2012 Pursuant to our last order dated 21.11.2011 both the parties are present in Court. The appellant is presently not inclined to give another chance to the marriage by living with the respondent whereas the latter wants to maintain the matrimonial relationship. Except the fact that appellant had to spent about 20 days in custody on account of a criminal case filed by the respondent in June 2006, there is no apparent hurdle in the way of giving serious attempt for reconciliation between the parties. The respondent has assured that she is willing to withdraw the criminal case if amicable solution is reached between the parties. In our view, in the facts of the case the matter deserves to be given a chance for reconciliation through mediation. Accordingly, the matter is referred to Patna High Court Mediation Centre so that trained mediator...
Mithlesh Kumar Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39138 of 2011 Mithlesh Kumar, Son of Bishnudeo Mahto @ Bishundeo Mahto, R/o Village Lutaut, P.S. Karande, District Sheikhpura. -------Petitioner Versus The State Of Bihar -----Opposite Party ------------------ 03/- 13/01/2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph 56 dated 31/07/2011. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under Sections 420, 467, 468, 469, 471 of the Indian Penal Code, is one of the named accused in this case with allegation of proceeding to cast his vote and as identity proof one job card was produced to him, which subsequently found forged. Submission is of being fooled by a candidate sitting Mukhiya, who provided such job card and petitioner was not aware of the same being fake. Further, he has also no crimi...
Vijay Bind Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 43221 o1. Vijay Bind, S/o Late Chander Bind, Resident of Village Lohari, P.O. - Goh, District Aurangabad. Versus 1. The State of Bihar -------------- 02. 13.01.2012 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 47(A) of the Excise Act. Considering that the petitioner was not found at the place where the alleged illegal wine was being prepared and he has fair antecedents, let the petitioner, above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Excise Case No. 03 of 2009 subject to the conditions...
KutubuddIn @ Kutai Mian @ KutaIn Mian and ors. Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43174 o1. Kutubuddin @ Kutai Mian @ Kutain Mian S/o Late Jumman Mian 2. Md. Alim @ Md. Ali S/o Late Numman Mian 3. Md. Mano @ Mano S/o Kutai Mian Versus The State Of Bihar ---------------------------------- 2. 13.1.2012 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Section 365/34 of the Indian Penal Code. Considering that there is no valid explanation for the delayed complaint, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of four weeks from today in connection with Complaint case not C.A. 3384 of 2009 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Md. Mansoor Alam, J.M. 1st class, Katihar, subject to the conditions as laid down under Section 438(2) of the Code of C...
Ganga Sagar Chaudhary and ors. Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.435 of 2012 Ganga Sagar Chaudhary & Ors. Versus The State Of Bihar ---------------------------------13. 01.2012 Let the informant be added as opposite party No.2 to the present proceedings during the course of the day. Heard Mr. Sunil Kumar, learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the order dated 20.07.2002 passed by the learned Judicial Magistrate, 1st Class, Buxar in a case arising out of Itarhi P.S. Case No. 19 of 2002 (G.R. No. 475 of 2002, Tr. No. 958 of 2011) whereby the learned Judicial Magistrate 1st Class have been pleased to take cognizance of the offence punishable under Section 498(A)/34 of the Indian Penal Code against the petitioner. Mr. Sunil Kumar, learned counsel appearing for the petitioner submits that the matter has been compromised between the contesting parties and a petition to that affect has been filed before the Court be...
Brahmdeo Sharma @ Brahmdeo Bachhru 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.42236 o1. Brahmdeo Sharma @ Brahmdeo Bachhru, son of Ram Prasad Sharma 2. Mithilesh Devi, wife of Brahmdeo Sharma Both resident of villag e- Mohanpur Choufer, P.O. and P.S. Mansoor Chak, District Begusarai. ------ Petitioners. Versus The State of Bihar ---Opposite Party ******** 02. 13.01.2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Complaint Case No. 360C/2003 for offences under Sections 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act, pending in the court of S.D.J.M. Begusarai. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with a liberty to surrender before the court below within a fortnight and seek regular bail, where prayer for regular bail of the petitioners shall be considered by the court below on its own merit without bei...
Kaushalya Devi Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.984 of 2012 Kaushalya Devi Versus The State Of Bihar ---------------------------------- 02. 13.01.2012 Petitioner being mother of the husband is apprehending her arrest in a case registered for the offences under Sections 304B, 201/34 of the I.P.C. It is alleged that the marriage was performed 6-7 years prior to the occurrence and the accusations are of demand of dowry and torture. It is submitted by learned counsel for the petitioner that during investigation it has come that the victim, after quarrelling with the husband, committed suicide. It is further submitted that father-in-law and others have been granted anticipatory bail vide Cr. Misc. No. 265 of 2012. Considering the aforesaid facts, let the petitioner namely Kaushalya Devi, in the event of her arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousan...
Lakshaman Chaudhary 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.23030 o1. Lakshaman Chaudhary , son of late Sahdeo Chaudhary 2. Virendra Chaudhary, son of Lakshman Chaudhary, both resident of Village- Panchgaran, P.S. Semra, District-West Champaran ----- Petitioners. Versus The State Of Bihar ----- Opposite Party. ---------------------------------- 2. 13.1.2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order of cognizance dated 12.8.2010 passed by the Additional Chief Judicial Magistrate, Bagaha in Semra P.S. Case No.13 of 2010. According to the First Information Report allegation has been made that the petitioners have assaulted the deceased with fits and slaps and also by lathi. It has been further alleged that due to assault the deceased had become unconscious and later on he died. Learned counsel for the petitioners submits that the police has submitted the final form in their favour but the Cour...
Bindeshwar Yadav @ Bineshwar Prasad Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1070 of 2012 ====================================================== Bineshwar Yadav @ Bineshwar Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =====================================================13. 01-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 363 and 364/34 of the Indian Penal Code. The accusation was of abduction of the victim for marriage purposes. It is submitted by learned counsel for the petitioner that during investigation, the police found the accusation against the petitioner false and submitted final form whereas others were charge sheeted but differing with the same the cognizance has been taken against the petitioner also. Considering the fact that the victim boy has returned subsequently and the police found the accusation false against the petitioner during investigation, l...
Farid Khan and ors. 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.23805 of 2011 Farid Khan & Ors. Versus The State Of Bihar & Anr. ---------------------------------- 2. 13.1.2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the First Information Report in connection with Rohtas P.S. Case No.41 of 2011 for the offences under section 498(A) of the Indian Penal Code and of the Dowry Prohibition Act. Learned counsel for the petitioners has submitted that there is a police case as well as a complaint case. There is provision under Section 210 of the Code of Criminal Procedure that if a complaint case as well as police case is filed then the Magistrate shall stay the proceeding in the complaint case and call for a report from the Police Officer. In this view of the matter, learned counsel for the petitioner seeks permission to withdraw this application in order to raise all the points at the stage of the trial. Pra...
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