Patna Court May 2012 Judgments
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Md. Mojibur Rahman 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.43166 o1. Md. Mojibur Rahman 2. Md. Mohibur Rahman, both are S/o Late Motiurahman 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 Sections 147, 148 and 436 of the Indian Penal Code. Considering that the final report was submitted in the matter but the case proceeded on the protest-cum-complaint petition, 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 No.2154 of 2010 (Balia P.S. case No.217 of 2009) on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Deepak Kumar, J.M. 1st class-III, Begusarai, subject to the conditions as laid down u...
Mukesh Prakash Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24687 of 2011 Mukesh Prakash Versus The State Of Bihar & Ors. ---------------------------------- 2. 13.1.2012 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner is permitted to add the informant as well as the victim girl as opposite party nos. 2 and 3. According to the First Information Report it appears that the victim girl has gone to her friend, namely, Anjana Kumari and when she did not return an enquiry was made. Learned counsel for the petitioner has submitted that victim girl is aged about 15 years and is a student of Class XI in D.A.V. Cant Area, Gaya. Learned counsel for the petitioner has drawn my attention to the statement under section 164 of the Code of Criminal Procedure (hereinafter referred to as the the Code). It has been further submitted that the petitioner is a graduate engineer and according to the statement under section 164 of the Code t...
Sanjay Shankar Vs. Income Tax Appellate Tribunal
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.591 of 2008 Sanjay Shankar Versus Income Tax Appellate Tribunal ---------------------------------13. 01.2012 Through I.A. No. 1226 of 2011, the appellant has prayed for dispensing with the requirement of filing certified copy of the impugned order passed by the Tribunal on the ground that the same is available in the records of M.A. No. 590 of 2008 which is still pending. Another prayer is to treat this appeal as analogous to aforesaid M.A. No. 590 of 2008. In the facts of the case, both the prayers are allowed. The I.A. stands disposed off. Learned counsel for the Income Tax Department has appeared and hence let a copy of the memo of appeal alongwith relevant documents be served on learned Sr. Standing Council for the Income Tax Department, Mr. Harshwardhan Prasad and receipt be filed within one week, failing which this application shall stand rejected without further reference to the Bench. ( Shiva Kirti Singh, J.) ( Ad...
Subhash Sharma 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.1097 of 2012 ====================================================== 1. Subhash Sharma.2. Bhim Sharma.3. Angad Sharma.4. Dinesh Sharma. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =====================================================13. 01-2012 Heard learned counsels for the petitioners and the State. It is submitted that petitioner no.1 has been arrested, hence his anticipatory bail application has become infructuous. Accordingly the application with regard to petitioner no.1 is dismissed as withdrawn. So far as other petitioners are concerned, they are apprehending their arrest in a case registered under Sections 341, 323 and 504/34 of the Indian Penal Code and Section 3(I)(X) SC/ST (Prevention of Atrocities) Act. The accusations are of making assault and abusing the informant by calling caste name. It is submitted by learned counsel for the petitioners that for making construction the o...
Dangal Yadav Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 43239 o1. Dangal Yadav, S/o Parmeshwar Yadav, Resident of Village - Narayana, P.S. - Fatuha, District Patna. 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 Sections 304B and 201/34 of the Indian Penal Code. Considering that the petitioner is the brother-in- law of the deceased and claims to be living separately from his brother and the deceased, 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 Additional Chief Judicial Magistrate, Patna City in connection with Fatuha P.S. C...
indeshwar Sharma Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36435 of 2011 Indeshwar Sharma, S/O-Rameshwar Sharma Versus The State Of Bihar ---------------------------------13. 01.2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 21.07.2011 in a case registered under Section 302 and other minor Sections of the Indian Penal Code. It would appear from perusal of the first information report that there is general allegation against the petitioner and other accused persons that they being armed with lathi, danda and musal assaulted the deceased and one injured. Admittedly, there is no specific allegation of assault against the petitioner and having more or less similar allegation, some co-accused persons have already been granted privilege of anticipatory bail which is evident from perusal of Para-69 of the case diary. Considering the aforesaid facts and circumstances as well as submissions...
Md. Mosabbir Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.930 of 2012 Md. Mosabbir Versus The State Of Bihar ---------------------------------- 02. 13.01.2012 Petitioner is apprehending his arrest in a case registered for the offences under Sections 498A of the I.P.C. The accusations are of demand of dowry and torture. Petitioner denies the marriage. A supplementary affidavit has been filed bringing on record the order of the Bihar State Women Commission dated 21.07.2011 which reflects that the contention of the complainant of getting married with the petitioner has not been admitted. Considering the aforesaid facts, let the petitioner namely Md. Mosabbir, in the event of his 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 thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria in connection with Compl...
Yadunath Das Vs. the State of Bihar and ors
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.1140 of 2011 Yadunath Das, son of Shri Singhashan Das, resident of village- Gaddupur, P.S.-Harsidhi, District-East Champaran. Appellant Versus 1. The State of Bihar.2. Bachchan Das, son of Late Narayan Das.3. Vinod Das, son of Bachchan Das.4. Pinchoo Das, son of Bachchan Das. All are residents of village-Gaddupur, P.S.-Harsidhi, District-West Champaran. Respondents. ------------------13. 01.2012 This is an appeal against the acquittal filed by the injured informant. There is a delay of almost two months in filing the appeal. During trial, it appears that the informant took a back seat. The only witness was examined was his father, who admitted that it was a case lodged by his son against fathers brother. No other witness was examined by the prosecution even the informant himself was not examined and pursuant to which, the trial court could only acquit the persons of the charge of Section 307 IPC. We see no reason to inter...
Rajesh Raut @ Rajesh Kr. Raut Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1138 of 2012 ====================================================== Rajesh Raut @ Rajesh Kr. Raut .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =====================================================13. 01-2012 Heard learned counsels for the petitioners and the State. The petitioner being the husband is apprehending his arrest in a case registered under Sections 498A and 379/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Though, an attempt for reconciliation was made before the learned court below but it failed. The petitioner is ready to keep the informant 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 ...
Rohit Mahto @ Nanu Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.205 of 2012 Rohit Mahto @ Nanu 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 01.07.2011 in a case registered for the offence under Section 302 of the Indian Penal Code. It is alleged that the victim was called by the mother of this petitioner for mediation of fight which was going on in between the petitioner and his wife when it is alleged that the petitioner fell down the victim on the ground and pressed the neck of the victim some abrasion injury has been found on the neck and fracture on the ribs of the victim. It is submitted by learned counsel for the petitioner that the injury might have been caused by falling of the victim on the ground but assuming the accusation, the case does not fall within the parameter of Section 302 of the I.P.C. which is convinced by submission of learned counsel for the petitioner. Conside...
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