Patna Court May 2012 Judgments
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Pradeep Kr. Jha Vs. the State of Bihar and ors
Court: Patna
Decided on: May-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2235 of 2011 Pradeep Kumar Jha, son of Vivekanand Jha, resident of village & P.O.-Habidih, P.S.-Baheri, District-Darbhanga. .Petitioner. Versus 1. The State of Bihar through Sri Govind Narain Akhauri, S/o Name not known, Commissioner-cum-Secretary Human Resources Development Department, Govt. of Bihar, Patna.2. Sri Ram Chandran, S/o Name not known. The District Magistrate, Darbhanga.3. Sri Ram Chandra Mandal, S/o Name not known. The District Superintendent of Education Darbhanga.4. Sri. Smt. Kanta Jha, S/o Name not known. Block Development Officer, Baheri, District Darbhanga.5. Sri Surendra Nath Pandit, S/o Name not known. Block Education Officer, Baheri Distt. Darbhanga.6. Sri Bajrangi Yadav, Mukhiya Gram Panchayat Raj Habidih (Middle) Prakhand Bahera, P.O.-Habidih, Distt. Darbhanga.7. Shambhu Prasad Singh, S/o Ram Sevak Singh, R/o village & P.O.-Matharahi, P.S.-Baheri, District-Darbhanga.8. Mukesh Kumar Rai, ...
Smt.Sundari Devi and ors Vs. Mosomat Jaimati Kuer
Court: Patna
Decided on: May-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.208 of 2008 Smt.Sundari Devi & Ors Versus Mosomat Jaimati Kuer ---------------------------------12. 01-2012 I.A.No. 8611 of 2011 This Interlocutory application has been filed on behalf of the appellants praying for adding the transferees from the sole respondent as party respondents in this appeal. It has been stated in the petition that the sole respondent has transferred the parts of the suit properties by registered sale deeds dated 1-7- 2009, 3-5-2011 and 10-9-2011 (copies of the sale deeds have been annexed) during the pendency of the suit and the appeal thereafter. It has been further stated that the transferees are necessary parties in view of the aforesaid facts, to this second appeal. Mr. Mrigendra Kumar, learned counsel appearing on behalf of the sole respondent, submits that he has no objection in addition of the purchasers, details of which are mentioned in paragraph no.6 of the Interlocutory application, as parties-...
Shyam Nandan Das 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.825 of 2012 Shyam Nandan Das Versus The State Of Bihar & Ors ---------------------------------- 02. 12.01.2012 Both sides present. Petitioner superannuated from service of the State Government in the Department of Agriculture with effect from 31.01.2001. At the time of superannuation the petitioner was serving as Agriculture Inspector. He filed a writ petition for payment of post retiral dues vide CWJC No. 6328 of 2004 which was disposed of by order dated 21.05.2004 (Annexure-2). The grievance of the petitioner is that he has not been paid pension in revised scale. It is also the grievance that GPF amount with upto date statutory interest has not been paid/authorized. Learned A.C. to S.C. 16 prays for and is granted six weeks time to take instruction and file counter affidavit. Post this matter in the same list after eight weeks. Time in the meanwhile shall be utilized by the parties to complete the pleadings. HR ...
Pachchu Mahto and anr. Vs. the State of Bihar
Court: Patna
Decided on: May-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.833 o1. Pachchu Mahto, 2. Malti Devi Versus The State Of Bihar ---------------------------------- 2/ 12.1.2012 Heard learned counsels for the petitioners and the State. The petitioners being sister and brother in law of the husband of the victim are apprehending their arrest in a case registered under sections 498A and 304B of the Indian Penal Code. The marriage was performed in 2007 but subsequently, the demand of dowry was made and due to non- fulfillment of the same, torture was inflicted. Though there is general accusation against the entire family including the petitioner but it appears that the thrust of accusation is against the husband. It is submitted by learned counsel for the petitioners that the petitioners were posted outside the State and were not present in the house when the occurrence took place. Considering the fact that the thrust of accusation is against the husband, let the above named petitioners b...
Sudhir Kumar Rawat Vs. the State of Bihar
Court: Patna
Decided on: May-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34213 of 2008 Sudhir Kumar Rawat, son of late Banarsi Ram, resident of Q No. 31, Nagar Parshad Compund, P.S.-Dehri, District-Rohtas. .......Petitioner Versus The State Of Bihar .........Opposite Party For the Petitioner :- Mr. B.J.Jha, For the State :- Mr. Jharkhandi Upadhayay, A.P.P. ---------------------------------12. 01.2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. This application under Section 482 of Code of Criminal Procedure is to quash the order dated 02.07.2008, passed in G.R. No. 1709 of 2006, Trial No. 2684 of 2007 arising out of Dehri P.S. Case No. 328 of 2006 by the Court of Sub-Divisional Judicial Magistrate, Rohtas at Sasaram, rejecting the application of the petitioner filed under section 239 of Code of Criminal Procedure for discharge. The learned counsel appearing on behalf of petitioner submits that the petitioner has been falsely implicated in this case merely on su...
Lalan Singh 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.5488 of 2008 Lalan Singh Versus The State of Bihar & Ors. --------12. 01.2012 Heard learned counsel for the petitioner and counsel for the State. No one appears on behalf of the Lalit Narayan Mithila University. This Court by order dated 16.4.2008 had directed the counsel for the University to file a comprehensive counter affidavit, wherein, it was also asked to explain the case of Jai Nath Jha and Amar Nath Jha as stated by the petitioner in paragraph nos. 19 & 20 of the writ application. Despite expiry of a period of four years, no counter affidavit has been filed by the University. In that view of the matter, this Court would direct for personal appearance of the Registrar of the Lalit Narayan Mithila University to explain as to why he should not be punished for committing contempt of this Court. List this case on 2.2.2012 when the Registrar of the University must remain 2 personally present. Let a copy of this...
Bishun Kumar Vs. the State of Bihar
Court: Patna
Decided on: May-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43530 of 2011 Bishun Kumar, son of late Lakhan Prasad, resident of Village- Kodiya, P.S. Fatehpur, District- Gaya. .Petitioner. Versus The State Of Bihar: . .. Opposite Party. ---------------------------------- For the Petitioner : Mr. Gauri Shankar Pd. Sah, Advocate For the S t a t e : Mr. Satyendra Prasad, A.P.P. ---------------------------------- 02- 12.1.2012 Heard the parties. The petitioner is in custody in connection with Complaint Case No.1207 of 2010 for offences punishable under sections 307 and 498A of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner with reference to a petition filed under section 13 of the Hindu Marriage Act, 1955, placed at Annexure-4 of this application, submits that the present complaint case is an afterthought and has been filed on 24.9.2010 one month after the divorce case was filed by the present petitioner. Regard being had to the...
Sanjay Kumar Singh and ors Vs. the State of Bihar
Court: Patna
Decided on: May-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29774 of 2011 Sanjay Kumar Singh & Ors Versus The State Of Bihar ---------------------------------12. 01-2012 Learned counsel for the petitioners is permitted to implead the complainant as Opp.Party no.2 in course of the day. Heard Sri Girish Chandra Jha, learned counsel for the petitioners and Smt.Veena Kumari Jaiswal, learned Addl. Public Prosecutor. Issue notice to newly added Opp.Party no.2 to file show cause as to why this petition be not disposed of at the admission stage itself. Notice to go through ordinary post as well as registered cover with A/D, for which requisites etc. must be filed within ten days, failing which this application shall stand rejected without further reference to a Bench. Till further order, further proceeding in Misc. Case No.120 of 2010/ C.R. No.1144 of 2008 passed by Sri A.K. Ram, Judicial Magistrate, 1st Class, Darbhanga shall remain stayed. ( Rakesh Kumar, J.) NKS/-...
Nand Kishore Vs. the State of Bihar
Court: Patna
Decided on: May-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.848 of 2012 ====================================================== Nand Kishore .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =====================================================12. 01-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 420, 498A, 489B and 489C of the Indian Penal Code. Rs. 64,000/- was recovered from one Kundan Singh out of which Rs. 13,000/- were found to be of fake currency notes. Said Kundan Singh named three persons including the petitioner and one Sajjan Paswan by saying that the fake currency notes were supplied by these three persons. It is submitted by learned Sr. counsel for the petitioner that petitioner has no criminal antecedent and considering the extra- judicial confession of the main accused Kundan, Sajjan Paswan has been granted anticipatory bail vide order as contained...
Guru Govind Singh and ors Vs. the State of Bihar and anr
Court: Patna
Decided on: May-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1279 of 2011 Guru Govind Singh & Ors. Versus The State of Bihar & Anr. ---------------------------------- For the Petitioner: - B. N. P. Singh, Advocate. For the State: - Dr Rabindra Kumar, A.P.P. -------------------- 2. 12.01.2012 Learned counsel for the petitioners and learned A.P.P. for the State are present. This application is directed against the order dated 29.7.2011 passed by the Sub-Divisional Magistrate, Supaul in a proceeding under Sections 147 of the Code of Criminal Procedure in Misc. Case No. 505/2008 by which the petitioners have been directed to remove obstruction from one Decimal of land of Old Khesara No. 3320 and New Khesara No. 1520. Learned counsel for the petitioners submits that any order under Section 147 of the Code of Criminal Procedure pre-supposes the fact that if there is any obstruction which is directed to be removed, the said obstruction must have been continuing since at least three months pr...
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