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Patna Court May 2012 Judgments

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May 11 2012

Amik Sah @ Dhanik Lal Sah Vs. the State of Bihar

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1484 of 2012 Amik Sah @ Dhanik Lal Sah son of Late Lalu Sah, resident of village Kashipur, P.S.Samastipur Town,District Samastriput Versus The State Of Bihar ---------------------------------- 02/ 11.01.2012 Heard Mrs. Anuradha Singh, learned counsel for the petitioner and learned APP for the State. The petitioner is one of four named accused of a case which has been registered for offence under Section 304B/34 of the Indian Penal Code. Informant Uma Devi had married her daughter Babita with son of the petitioner. She was being coerced to bring some articles by way of additional dowry. She was killed and it was suspected that she has been poisoned to death. Submission is that the petitioner is father-in-law of the 2 deceased and he had no concern with the day-to-day activity of the deceased or her husband. The husband of the deceased Rajdeo Sah is already in custody. The petitioner is a man of advance age. Considering t...


May 11 2012

Pappu Mukhia Vs. the State of Bihar

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.678 of 2012 Pappu Mukhia Versus The State Of Bihar ---------------------------------- 2/ 11.1.2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a Complaint Case in which cognizance has been taken under section 376 of the Indian Penal Code. Initially the complaint case was lodged with accusation of establishing forceful physical relationship. There is nothing on record to show that the victim was medically examined. During investigation, the police found the allegations false and final form was submitted. On protest, cognizance has been taken. Considering the fact that the accusation was found false by the police, let the above named petitioner be released on bail 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 Rs.10000/(ten thousand) with two sureties of the like amou...


May 11 2012

Mobarak HussaIn Ansari Vs. the State of Bihar

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40549 of 2010 Mobarak Hussain Ansari, son of Md. Alam Ansari, resident of village Sonrapur, P.S. Kesaria, District - East Champaran. ------- Petitioner. Versus 1. The State of Bihar 2. Shabnam Khatoon, D/o Md. Yasin, resident of village Neknampur, P.S. Dewaria, District Muzaffarpur. ---Opposite Party ******* 06. 11.01.2012 Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Complaint Case No. 1709/2009 for the offences under Sections 498(A) of the Indian Penal Code and Section 4 of the D.P. Act, is one of the named accused being husband of the complainant opposite party no. 2 with allegation of demand of dowry, torture etc. Submission is that petitioner intends to resume and continue matrimonial relationship with the complainant opposite party no. 2 who is one and only wife and mothe...


May 11 2012

Bajendra Mani Pandey and ors Vs. Arun @ BipIn Bihari Lal and ors

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.209 of 2012 Bajendra Mani Pandey & Ors Versus Arun @ Bipin Bihari Lal & Ors ---------------------------------- 06. 11.01.2012 Heard the learned counsel Mr. Sanjay Kumar on behalf of the petitioner and the learned counsel Mr. Mahesh Prasad on behalf of the respondent. This application under Article 227 of the Constitution of India has been filed by the petitioner against the order dated 27.07.2007 passed by Munsif, Hilsa at Nalanda in title suit No.13 of 2005 whereby the prayer of the plaintiff-petitioner for accepting the memorandum of partition deed dated 15 Savan 1362 fasli has been rejected. The learned counsel for the petitioner submitted that the document was not in possession of the petitioner and still the defendants have not started adducing their evidence but the learned Court below rejected the said application on the ground that the document is sought to be produced after examination of all the witnesse...


May 11 2012

Mahendra Paswan Vs. the State of Bihar

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1476 of 2012 Mahendra Paswan son of Late Mahanath Paswan, resident of village Dullitpatti, P.S.Jai Nagar, Distt.Madhubani Versus The State Of Bihar ---------------------------------- 02/ 11.01.2012 Heard Mr. Gagan Deo Yadav, learned counsel for the petitioner and learned APP for the State. The petitioner is a named accused of a case which has been registered for offences under Sections 467,468,469,471 and 420 of the Indian Penal Code. The Block Development Officer, Ladaniya Block has alleged that the beneficiaries of Indira Awas Yojana scheme were wrongly identified. Submission is that the petitioner has been falsely implicated. He had no role in the offence. He is in custody since 27.08.2011. 2 Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of...


May 11 2012

Hafizul Ansari @ Rahul Vs. the State of Bihar

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44610 of 2011 Hafizul Ansari @ Rahul Versus The State Of Bihar ---------------------------------11. 01-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Although the victim has stated in her statement recorded under Section-164 of the Cr.P.C. that she was forcibly taken to Delhi by this petitioner but submission on behalf of the petitioner is that there was love affairs between the victim and petitioner and, that was the reason, she did not raise alarm while she was allegedly being taken to Delhi. Considering the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioner, namely, Hafizul Ansari @ Rahul be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bela P.S. Case No. 54 of 2011 to the satisfaction of Chief Judicial Magistrate, Sitamarhi. ...


May 11 2012

Brajesh Kumar Vs. State of Bihar

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1880 of 2007 Brajesh Kumar Versus State Of Bihar ---------------------------------- 11/ 11.01.2012 The petitioner has prayed for initiation of contempt against the opposite parties for violation of the order dated 03.07.2003 passed in CWJC No.6178 of 1999 by which this Court had set aside the notification no.187/CJC dated 01.07.1996 issued by the Registrar, Magadh University, and also the order dated 03.07.1996, issued by the Principal, ANS College, Barh, whereby the petitioner was removed from service and directed to proceed in the matter afresh after giving notice to the petitioner. The petitioner raised a grievance that despite setting aside of the termination order of the petitioner and proceeding afresh in the matter nothing has been done. Show cause had been filed by the University, wherein, it had been submitted that it repeatedly sought information about the petitioners service from the College concerne...


May 11 2012

Rabindra Kr. Vs. the State of Bihar and ors

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4717 of 2011 Pramod Kumar Gupta S/O Late Bharath Prasad Resident Of Mohalla Majar Gahi, Patel Path, Sheikhpura, P.S. Gardanibagh, District Patna, Owner Of M/S P.K. Industries, Patel Path, Bailey Road, Patna. Petitioners Versus 1. The State of Bihar 2. Mr. Divesh Sehra, the Managing Director, Bihar Raj Jal Parishad/Board, West Boring Canal Road, Patna.3. Mr. Krishna Kumar Agarwal, the Secretary, Bihar Raj Jal Parishad/Board West Boring Road, Patna.4. Mr. Ravindra Pawar, the Secretary Cum Commissioner, Public Health Engineering Deptt. Govt. Of Bihar Patna.5. Mr. Jai Shankar Choudhary, the Chief Engineer Bihar Raj Jal Parishad/Board West Boring Canal Road, Patna.6. Mr. Srikant Singh, the Superintending Engineer, Bihar Raj Jal Parishad, Circle No. 1 Boring Road, Patna.7. Mr. Anil Kumar, the Superintending Engineer, Bihar Raj Jal Parishad, Circle No. 2, Boring Road, Patna.8. Mr. Ankesh Kumar, the Executive Engineer,...


May 11 2012

Anand Kumar @ Anand Kumar Jha @ Guddu Kumar and ors. Vs. the State of ...

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.822 of 2012 Anand Kumar @ Anand Kumar Jha @ Guddu Kumar & Ors. Versus The State Of Bihar 2. 11.01.2012. Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 363 and 366A/34 of the Indian Penal Code. The accusation is of abducting the minor daughter of the informant. In 164 Cr. P.C. statement, the victim has alleged accusation against Arti and one Sintu. The thrust of accusation is against Sintu. The victim minor girl has not named these petitioners. Considering the aforesaid facts, let the petitioners, Anand Kumar @ Anand Kumar Jha @ Guddu, Binod Jha and Manorma Devi, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Vidyapati Nagar P.S. Case No. 89 of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of th...


May 11 2012

The State of Bihar and ors Vs. Basudeo Sah

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No. 1872 of 2011 In Civil Writ Jurisdiction Case No. 1438 of 2010 With Interlocutory Application No. 8381 of 2011 And Interlocutory Application No. 8382 of 2011 In Letters Patent Appeal No. 1872 of 2011. ====================================================== The State of Bihar & Ors. .... .... Appellant/s Versus Basudeo Sah .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Subhash Prasad Singh, G.A. 7 & Mr. Indeshwari Pd. Mandal, AC to GA 7.For the Respondent/s : Mr. Ajoy Kumar Chakraborty and Mr. Krisna Murari Raut, Advocates. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE11. 01-2012 Re. Interlocutory Application No. 8381 of 2011. On the facts and in the circumstances of the case, the delay of 341 days occurred in filing...


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