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Patna Court May 2012 Judgments

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May 24 2012

Rajesh Kumar Singh Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2116 of 2012 ====================================================== Rajesh Kumar Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 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 being the husband is apprehending his arrest in a complaint case in which cognizance has been taken under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. It is submitted by learned counsel for the petitioner that he ready to keep the complainant as wife with full dignity and honour and has also filed a restitution case. Considering the stand of the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned cour...


May 24 2012

Nasim Akhtar @ Md. Nasim Akhtar Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35956 of 2011 Nasim Akhtar @ Md. Nasim Akhtar Versus The State Of Bihar ---------------------------------24. 01-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in jail custody since 26-06-2011 in a case registered under Sections-366A/120B of the Indian Penal Code. Learned counsel for the petitioner submits that the victim had eloped with one, Noor Akhtar and both are presently residing as husband and wife in Gujrat. Learned counsel for the petitioner further submits that the aforesaid fact has been supported by some witnesses which is evident from perusal of paragraph-5 and others of the case diary. Considering the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioner, namely, Nasim Akhtar @ Md. Nasim Akhtar be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties o...


May 24 2012

Usha Devi 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.3295 o1. Usha Devi, W/o. Sri Shambhu Paswan.2. Shambhu Paswan, S/o. Sri Parasanath Paswan @ Paras Paswan. Both are resident of village Kanajharua, Parmanpur, P. S. Koran Sarai, P. O. Khandricha, District Buxar. ............. 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 Sections 366A and 376/34 of the Indian Penal Code. The victim in her statement under Section 164 of the Cr. P. C. stated that she went along with one Ajay Kumar @ Paswan to Haryana and there the petitioners came. It is alleged that they were planning to sell, then she fled away. Ajay Kumar @ Paswan was facing trial and has been acquitted. Hence, having regard to the facts and circumstances of the case, the above named petitioners are directed ...


May 24 2012

Anish Yadav @ Anish Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

Patna High Court CR. REV. No.86 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.86 of 2012 ====================================================== Anish Yadav @ Anish Kumar S/O Jai Kishun Singh Yadav R/O Village - Panwari, Police Station - Sikarahatta, District - Bhojpur, Through His Father Adliton .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH24. 01-2012 Learned counsel for the petitioner and learned A.P.P. for the State are present. Let a report be called for from the Probation Officer, Bhojpur at Ara with regard to character and antecedent of the petitioner through the Juvenile Justice Board, Bhojpur at Ara. List upon receipt of the ...


May 24 2012

The State of Bihar and ors Vs. Rabindra Kumar Choudhary

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.176 of 2011 In Civil Writ Jurisdiction Case No. 14409 of 2009 With Interlocutory Application No. 764 of 2011 And Interlocutory Application No. 765 of 2011 In Letters Patent Appeal No. 176 of 2011 ====================================================== The State Of Bihar & Ors .... .... Appellant Versus Rabindra Kumar Choudhary .... .... Respondent ====================================================== Appearance : For the Appellants : Mr. Biresdh Kumar Sinha, A.C. to A.AG-2 For the Respondent/s : Mr. Prabhakar Kumar ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE24. 01-2012 Re. Interlocutory Application No. 764 of 2011. The delay of 217 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Re. Letters Patent Appeal No 176 of 2011. A...


May 24 2012

Shadab Khan 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.2202 of 2012 ====================================================== Shadab Khan & Anr. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH24. 01-2012 Petitioners being nephew of the informant are apprehending their arrest in a case registered for the offences under Sections 341, 323, 379 of the I.P.C. Accusation is of making assault and committing theft. It appears that there is land dispute between the parties and other accused being own brother of the informant has been granted bail which gets reflected from the impugned order. Considering the aforesaid facts, let the petitioners namely 1. Shadab Khan 2. Shahbaz Khan, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released o...


May 24 2012

Ram Janam Chauhan Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

Patna High Court Cr.Misc. No.2274 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2274 of 2012 ====================================================== Ram Janam Chauhan .... .... 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 364(A) and 120(B)/34 of the Indian Penal Code. The accusation is of abducting the brother of informant. Petitioner was not named in the F.I.R. and his name sprang up on confession of driver of Bolero vehicle on which the victim was taken away. It appears that in 164 Cr. P.C. statement the victim has not named the petitioner. Considering the aforesaid facts, let the petitioner, above named, be released...


May 24 2012

Sita Ram Santhaliya and anr Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

Patna High Court Cr.Misc. No.39139 of 2011 (3) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39139 of 2011 ====================================================== 1. Sita Ram Santhaliya, S/o Late Radha Krishana Santhaliya 2. Sonu Santhaliya @ Saurav Kumar Santhaliya .... .... 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 and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Kahalgaon P.S. Case No. 354/2011 for the offences under Sections 302, 201/34 of the Indian Penal Code, are named accused in this case. Submission is that on mere suspicion they have been named by the informant since her husband and husbands brother both are missing. Further on the basis of st...


May 24 2012

Manoj Yadav Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

Patna High Court Cr.Misc. No.35171 of 2011 (3) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35171 of 2011 ====================================================== Manoj Yadav, S/O Jagdish Yadav, R/O Village - Khajuraha, P.S. Sonbarsa Raj, District Saharsa. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amar Nath Jha, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN24. 01-2012 Heard learned counsel appearing on behalf of the parties. The petitioner is in custody in connection with Sour Bazar P.S. Case No.52 of 2010 for an offence punishable under section 414 of the Indian Penal Code. Taking into consideration the submission of learned counsel that the alleged involvement...


May 24 2012

Naresh Kumar and ors. Vs. the State of Bihar and anr.

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42672 of 2010 ====================================================== Naresh Kumar & Ors. .... .... Petitioner/s Versus The State of Bihar & Anr. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Pd. Singh, Advocate For the Opposite Party/s : Mr. Mukesh Kr. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIKASH JAIN24. 01-2012 Learned counsel for the petitioners submits that the question whether the lease deed executed by the informant in favour of petitioner no. 1 is a forged one or not is in the nature of civil dispute and no prosecution can be maintained. Issue notice to the opposite party no. 2 by ordinary process as also by registered post with A/D to show cause as to why this application be not admitted for hearing or disposal of at t...


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