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Patna Court May 2012 Judgments

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May 24 2012

Md. Arshad Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

Patna High Court Cr.Misc. No.40387 of 2011 (3) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40387 of 2011 ====================================================== Md. Arshad, S/O-Late Khakhu .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA24. 01-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named in the first information report and it appears that except confessional statement of co-accused as well as some criminal antecedent, there is nothing against the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs...


May 24 2012

Renu Devi and ors. Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

Patna High Court Cr.Misc. No.2270 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2270 of 2012 ====================================================== Renu Devi & Ors. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party, ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH24. 01-2012 Heard learned counsels for the petitioners and the State. The petitioners being elder brother of husband and wife of brother of husband are apprehending their arrest in a case registered under Sections 498A and 302/34 of the Indian Penal Code. It is alleged that informant gave birth of a male child which was subsequently been killed by in-laws family. It is submitted by learned counsel for the petitioners that the victim gave a dead male child and on suspicion the accusation has been made. From the F.I.R. itself, it appears that the ...


May 24 2012

Prem NaraIn Trivedi and ors. Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2184 of 2012 ====================================================== Prem Narain Trivedi & Ors. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH24. 01-2012 Petitioner is apprehending his arrest in a case registered for the offences under Sections 323, 341, 325, 504/34 of the I.P.C. and Section 3(1)(X) of the S.C. & S.T.(Prevention of Atrocities) Act. Accusation is of making assault and abusing by calling caste name. It appears that during investigation police found the accusation false and submitted final form, but differing with the same, cognizance has been taken. It is submitted that earlier also the complai...


May 24 2012

Ambika Sao @ Ambika Prasad Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

Patna High Court Cr.Misc. No.2266 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2266 of 2012 ====================================================== Ambika Sao @ Ambika Prasad .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH24. 01-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 39/44 of the Electricity Act. The accusation is of committing theft of electricity. The loss has been assessed Rs. 95,000/-. The petitioner undertakes to deposit the said amount of Rs. 95,000/- within a period of six weeks from today. Initial deposit will be of Rs. 15,000/-. The aforesaid amount will be deposited in the learned court below which will be invested in some fixed deposit scheme w...


May 24 2012

Janak Kumar and anr. Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42881 of 2011 ====================================================== 1.Janak Kumar Singh @ Janak Kumar, Son of Late Tota Mandal. 2.Tulsi Mandal, Son of Shanti Mandal. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA24. 01-2012 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no. 1 as he has already been arrested by the police. Permission is granted. Accordingly, this application as regard to petitioner no. 1, namely, Janak Kumar Singh @ Janak Kumar stands disposed of as withdrawn as having become infructuous. Petitioner No. 2 is apprehending his ar...


May 24 2012

Rampati Prasad and ors. Vs. Kailesh Prasad and ors.

Court: Patna

Decided on: May-24-2012

Patna High Court SA No.14 of 2010 (4) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.14 of 2010 ====================================================== Rampati Prasad & Ors. .... .... Appellant/s Versus Kailesh Prasad & Ors. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Shailesh Kumar For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIJAYENDRA NATH ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIJAYENDRA NATH24. 01-2012 I.A.No. 8497/11 No one appears on behalf of the appellants. This interlocutory application has been filed on behalf of the appellants stating therein that the appellant nos. 3 and 4 have now attained majority and they should be permitted to pursue this appeal as majors. On the basis of the facts stated in the interlocutory application the appellant nos. 3 & 4 are accepted as majors and accordingly, the defect no.4 as poi...


May 24 2012

Bharat NaraIn Mishra Vs. the State of Bihar and ors

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1640 of 2011 In Civil Writ Jurisdiction Case No. 2710 of 1996 With Interlocutory Application No. 7566 of 2011 In Letters Patent Appeal No.1640 of 2011 ====================================================== Bharat Narain Mishra .... .... Appellant Versus The State of Bihar & Ors .... .... Respondents ====================================================== Appearance : For the Appellant : Mr. Ram Naresh Sharma, Advocate For the Respondents : Mr. Ranjan Kumar, A.C. to AAG-13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5. 24-01-2012 Interlocutory Application No. 7566 of 2011: The Registry has made a note that pursuant to the order dated 21st November 2011, the learned advocate has not filed the requisites for limitation petition. Learned advocate Mr. Ram Naresh Sharma has appeared befo...


May 24 2012

Chowa Yadav and ors. Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3253 o1. Chowa Yadav, Son of Late Ganpat Yadav.2. Tipan Yadav, Son of Chowa Yadav.3. Arjun Yadav, Son of Chowa Yadav.4. Sunil Yadav, Son of Tipan Yadav. All resident of village Sikardih, P. S. Jhajha, District Jamuni. ................. Petitioners. Versus The State of Bihar .................. Opp. Party. ---------------------------------- 02/ 24.01.2012 Heard learned counsel for the petitioners and learned counsel for the State. This is a petition for grant of regular bail for the offence under Section 302 and other allied Sections of the Indian Penal Code. The only material available against the petitioners is that they were last seen with the deceased and the co-accused, namely, Bhim Yadav, having similar allegation, has been granted bail by this Court vide order dated 22.12.2011 passed in Cr. Misc. No. 37314 of 2011. Hence, having regard to the facts and circumstances of the case, the above named petitioners are dire...


May 24 2012

Gowardhan Prajapati @ Ganauri Pandit Vs. the State of Bihar and ors

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.177 of 2010 Gowardhan Prajapati @ Ganauri Pandit Versus The State of Bihar & Ors. ---------------------------------- 3. 24.01.2012 Learned counsel for the petitioner and Mr. Rabindra Kumar, learned A.P.P. for the State are present. This application has been filed for setting aside the order dated 18.9.2009 by which the Judicial Magistrate, 1st Class, Danapur has dismissed the Complaint Case No. 872 (C) of 2009 under Section 203 of the Code of Criminal Procedure, 1973. Learned counsel for the petitioner submits that opposite party no. 2 had filed a false complaint case alleging kidnapping of one Rampati Devi against the petitioner and during the course of trial the said Rampati Devi appeared and denied that she was kidnapped by the petitioner and it was due to the fear of opposite party no. 2 that she was living with the petitioner in fear of opposite party no.2. Learned counsel submits that in his deposition in the other cas...


May 24 2012

Amardeep Kumar @ Akhilesh Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.906 of 2012 Amardeep Kumar @ Akhilesh Kumar Versus The State Of Bihar ---------------------------------- 2/ 24.1.2012 Heard learned counsels for the petitioner, the State and Smt. Bela Singh, learned counsel for the complainant. The petitioner is languishing in custody since 20.10.2011 in a complaint case in which cognizance has been taken under section 420 of the Indian Penal Code. It is alleged that the petitioner took a friendly loan of Rs.3,92,500/- but did not return. It is submitted by learned counsel for the petitioner that according to own averments of the complainant, prima facie, offence under section 420 IPC is not made out. Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing the bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of J.M. Ist Class, Vaishali in Complaint Case No. 1666 of 2010. Anil/ (Dinesh Kumar Sing...


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