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Patna Court May 2012 Judgments

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May 13 2012

Kamlesh Kumar 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.38176 of 2011 Kamlesh Kumar, S/O-Sri Krishna Kumar Singh Versus The State Of Bihar & Anr ---------------------------------13. 01.2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the informant is languishing in jail custody in a case registered under Sections 341, 323, 498 A, 494, 504/34 of the Indian Penal Code and of Dowry Prohibition Act. Although, there is some sort of allegation of torturing against the petitioner but according to prosecution case itself, the marriage of the informant had taken place in the year 2000 whereas the present case was filed in the year 2010 i.e. after ten years of the marriage. Learned counsel for the petitioner submits that, as a matter of fact, the informant was unable to produce any child and with the consent of the informant the petitioner solemnized his second marriage but after solemnization of t...


May 13 2012

Bihari Yadav Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.3 of 2012 Bihari Yadav Versus The State Of Bihar ---------------------------------13. 1.2012 This appeal will be heard. Call for lower court records. So far this appellant is concerned, the only allegation against him is that in conspiracy with others, he had fired but undisputedly did not injure any person. There is allegation of firing fatal shots in respect of Anirudh Yadav and Adalat Yadav and the master mind being Girdhari Yadav, who was operating from jail. In that view of the matter, during the pendency of the appeal, let above named appellant be released on bail on furnishing bail bond of Rs. 20,000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of the trial court i.e. Additional District & Sessions Judge, F.T.C.IV., Begusarai, in Sessions Trial no. 251 of 2009. Realization of fine, if any, shall also remain stayed. Singh ( Navaniti Prasad Singh, J.) (Ashwani Kumar Singh,J)...


May 12 2012

Manish Kumar Singh Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.3 of 2012 Manish Kumar Singh S/O Satendra Kumar Singh Resident Of Village- Fakuli, P.S.- Chapra Muffasil, District- Saran At Chapra Versus The State Of Bihar ---------------------------------- 02. 12.01.2012. Heard Mr. Manish Kumar Singh, learned counsel for the petitioner and Mrs. Indu Bala Pandey, learned A.P.P. for the State. The present application has been filed for grant of bail to the petitioner under the provisions of the Juvenile Justice(Care and Protection of Children)Act, 2000. Earlier the prayer for bail had been rejected by the Juvenile Justice Board, Saran at Chapra by order dated 19.08.2011 in Juvenile Enquiry No.282 of 2011, G.R.No.1411 of 2011 and the appeal filed was also dismissed by order dated 12.09.2011 passed in Criminal Appeal(Juvenile)No.58 of 2011 by the 2nd Additional Sessions Judge, Saran at Chapra. The petitioner is accused in Janta Bazar P.S.Case No.25 of 2011 for offence under Section 392 of th...


May 12 2012

Dr. Nikhil Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44647 of 2011 Dr. Nikhil Kumar Versus The State Of Bihar ----------- 02/ 12.01.2012 Supplementary affidavit is filed on behalf of the petitioner. Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody in a case registered under sections 304A, 504 of the IPC and 3(I-X) of the SC/ST (Prevention of Atrocities) Act. Allegation against the petitioner is that he did not provide proper treatment to the husband of the informant and also humiliate her by calling her castes name. The contention of learned counsel for the petitioner is that petitioner was not on duty when the deceased was admitted in the hospital and subsequently, in the next morning petitioner left hospital at 8 a.m. and after that the deceased died at 8.10 a.m. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Dr. Nikhil Kumar, be ...


May 12 2012

indrashan Thakur and anr Vs. State of Bihar and anr

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.10 o1. Indrashan Thakur S/O Sri Nawajadik Thakur R/O Village- Diya Parmeshwar, P.O.- Diyaman, P.S.- Krishnabraham, District- Buxar 2. Ramjee Thakur S/O Sri Indrashan Thakur R/O Village- Diya Parmeshwar, P.O.- Diyaman, P.S.- Krishnabraham, District - Buxar Versus 1. The State of Bihar 2. Dharamraj Thakur S/O Chatoo Thakur R/O Village- Diya Parmeshwar, P.S.- Diyaman, P.S.- Krishna Braham, District- Buxar ---------------------------------- For the Petitioner: - Shree Kant Pandey, Advocate. For the State: - M. Rab, A.P.P. ------------------------- 3. 12.01.2012 Heard learned counsel for the petitioners and Mr. Matlub Rab, learned A.P.P for the State. The present application is for setting aside the order dated 7.10.2009 passed in Cr. Appeal No. 56/06 by the Additional District & Sessions Judge, F.T.C. No. Vth, Buxar by which the appeal has been dismissed and the order dated 16.10.2006 passed in case no. 8 (O)/M, corresponding to...


May 12 2012

Vijay Paswan and ors Vs. the Rajendra Agricultural Univ

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.96 o1. Vijay Paswan S/O Late Shiv Nandan Paswan R/O Vill.-Pusa, Bharao, Mohammadpur Devpar, P.S.- Pusa, District-Samastipur 2. Shakendra Paswan S/O Baleswar Paswan R/O Pusa Bharao, P.S.-Pusa, District-Samastipur 3. Lakhan Paswan S/O Late Bindeswar Paswan R/O Pusa Bharao, P.S.-Pusa, Distt.-Samastipur 4. Ganga Rai S/O Late Dasai Rai R/O Saidpur, P.S.- Chakmaisi, Distt.-Samastipur 5. Binod Kapar S/O Late Yugal Kapar R/O Vill.-Pusa Harpur, P.S.-Pusa, District-Samastipur 6. Manoj Kumar S/O Sri Mahendra Rai R/O Vill.+ P.O.-Harpur Pusa, P.S.-Pusa, District-Samastipur Petitioners Versus 1. The Rajendra Agricultural University Through its Registrar Having Office At Pusa, P.S.-Pusa, Distt.-Samastipur 2. The Vice-Chancellor, R.A.U. Pusa, P.S.-Pusa, Distt.-Samastipur 3. The Director Administration, R.A.U. Pusa, Samastipur Null Null 4. The Officer In Charge Recruitment, R.A.U. Pusa, Samastipur .. Respondents ------------------...


May 12 2012

Radhe Shyam Mahto Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43525 of 2011 Radhey Shyam Mahto, son of Shiv Nath Mahto, resident of Village- Shamopur, P.S.- G.B. Nagar, District- Siwan. Petitioner. Versus The State Of Bihar : .. Opposite Party. ---------------------------------- With Criminal Miscellaneous No.43528 of 2011 Bashisth Mahto @ Chawani Mahto, son of Sheobalak Mahto, resident of village- Ukhai Purab Patti, Police Station- Pachrukhi Sarai, District- Siwan. ..Petitioner. Versus The State Of Bihar: .. Opposite Party. ---------------------------------- 02- 12.1.2012 Heard the parties. The petitioners of the two applications are in custody in connection with Pachrukhi (Sarai) P.S. Case No.52 of 2011 for offences punishable under sections 302/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the involvement of the petitioners and other accused has been on the basis of circumstantial evidence by reason of the liquor plant of the petitioners situated...


May 12 2012

Braj Mohan Singh Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1638 of 2012 Braj Mohan Singh, Son of Late Biswanath Prasad Singh, At + P.O.- Neknampur, P.S. Deoria, District Muzaffarpur Versus The State Of Bihar ---------------------------------- 02/ 12.01.2012 Heard learned counsel for the petitioner and the State. Petitioner herein was allowed the privilege of bail in the event of arrest under orders dated 10.7.2009 passed in Cr. Misc. No. 5196 of 2009 duly modified under orders dated 7.12.2011 passed in Cr. Misc. No. 41185 of 2011. He has approached this Court again stating that before petitioner could comply the modified order dated 7.12.2011 by appearing in the court below, complainant left for heavenly abode and petitioner is not being allowed to resolve the dispute with the son of the complainant outside the court, as according to the Chief Judicial Magistrate, Begusarai, there is no provision to substitute the complainant. In this connection, I may refer to sub-section (4) ...


May 12 2012

Md.Amanullah Vs. the State of Bihar and ors

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1137 of 2011 In Civil Writ Jurisdiction Case No. 210 of 2011 With Interlocutory Application No. 5458 of 2011 And Interlocutory Application No. 5459 of 2011 In Letters Patent Appeal No.1137 of 2011 ====================================================== Md. Amanullah .... .... Appellant/s Versus The State of Bihar & Ors. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Md. Anisur Rahman, Advocate. For the Respondent/s : Mr. S.A. Alam, SC 3 and Mr. Fakhruddin Ali Ahmad, AC to SC 3.====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 8. 12-01-2012 Re. Interlocutory Application No. 5459 of 2011. Though served, the respondent nos. 5, 6, 7 and 9 have not entered appearance. The delay of 6 days occurred in filing the Letters Paten...


May 12 2012

Usha Kumari Vs. the State of Bihar and ors

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.705 of 2012 USHA KUMARI, D/O SHRI SATYADEO SINGH, R/O VILLAGE- CHOUDHARY PATTI (TARWARA), P.S.-TARWARA, P.S.- G.B.NAGAR, DISTRICT-SIWAN. PETITIONER. Versus 1. THE STATE OF BIHAR.2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA.3. THE DIRECTOR, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA.4. THE BIHAR STAFF SELECTION COMMISSION, BIHAR, PATNA. RESPONDENTS. ---------------------------------12. 01.2012 The grievance of the petitioner is that his certificates are being utilized by other candidates also for getting their cases considered by the Bihar Staff Selection Commission for their appointment as Trained Assistant Teachers. Learned counsel for the Commission has rightly pointed out that, in terms of the order dated 13.10.2011 passed by the Honble Supreme Court in Contempt Petition (C) NO.297 of 2007, no Court shall entertain any other objection or application with regard to s...


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