Patna Court May 2012 Judgments
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Uttam 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.2143 of 2012 ====================================================== Uttam Yadav & Ors .... .... 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 are apprehending their arrest in a case registered for the offences under Sections 341, 323, 504, 420, 427, 120B/34 of the I.P.C. and Sections 3(1)(IV), (V)(X)(XI) of the S.C. & S.T.(Prevention of Atrocities) Act. Accusation is of making assault frivolously claiming the land in question and abusing by calling caste name. It appears that for the occurrence of 10.05.2010, the F.I.R. was lodged on 13.05.2010 and there is bona fide land dispute between the parties from before. Delayed lodging of the F.I.R. in the background of admitted land dispute cloud the bona fide of the accusat...
Kaushalya Devi Vs. the State of Bihar
Court: Patna
Decided on: May-24-2012
Patna High Court Cr.Misc. No.2280 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2280 of 2012 ====================================================== Kaushalya Devi .... .... 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 being the mother of husband is apprehending her arrest in a case registered under Sections 302, 328 and 201/34 of the Indian Penal Code. The accusation is of killing the victim for non-fulfillment of dowry demand after nine years of marriage. There is general accusation against the entire in-laws family including the petitioner but it appears from Annexure-2 that the husband has been charge sheeted whereas investigation is pending against the petitioner. Admittedly,...
Ghamandi Ram Vs. the State of Bihar and ors
Court: Patna
Decided on: May-24-2012
Patna High Court Cr.Misc. No.753 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.753 of 2012 ====================================================== Ghamandi Ram .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party =====================================================24. 01-2012 Heard Mr. J.P. Shukla, learned Senior counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the F.I.R. in connection with Aurangabad P.S. Case No.100 of 2010 instituted on the basis of a letter No. 360 dated 10.03.2010 issued by Awadhesh Kumar Singh, District Education Officer, Aurangabad against the petitioner and who happens to be the member of the District Teachers Employment Appellate Authority and his office Assistant for the offence punishable under Sections 467, 468, 471, 474, 406, 409, 420 & 120 B of the Indian Penal Code. The letter of the District Education Officer addressed to the Offic...
Sanjay Kumar Vs. the State of Bihar
Court: Patna
Decided on: May-24-2012
Patna High Court Cr.Misc. No.41407 of 2011 (3) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41407 of 2011 ====================================================== Sanjay Kumar, son of Bindeshwari Prasad Yadav .... .... 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 petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Rail Ara P.S. Case No. 78/2010 for the offences under Sections 406, 420, 120(B) of the Indian Penal Code, is one of the named accused in this case on the basis of transfer of some money in his account after undue withdrawal through ATM Card of the informant which was taken by some one in the garb of money transaction. Submission is that petitioner is also...
Anand Mohan Thakur 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.59 of 2012 In Civil Writ Jurisdiction Case No. 2115 of 2011 With Interlocutory Application No. 499 of 2012 And Interlocutory Application No. 500 of 2012 In Letters Patent Appeal No. 59 of 2012 ====================================================== Anand Mohan Thakur .... .... Appellant Versus The State Of Bihar & Ors .... .... Respondents ====================================================== Appearance : For the Appellant : Mr. Purushottam Kumar Jha, Advocate For the Respondents : Mr. S.Raza Ahmad AAG-IX & Mr. Vishwambhar Prasad, A.C. to AAG IX ====================================================== 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. 500 of 2012. The delay of three days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Re. Letter...
Jainul AwadIn Vs. the State of Bihar
Court: Patna
Decided on: May-24-2012
Patna High Court Cr.Misc. No.2312 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2312 of 2012 ====================================================== Jainul Awadin .... .... 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 the learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in complaint case in which cognizance has been taken under Sections 498A and 323 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour but the complainant is not ready to resume the conjugal life. Considering the aforesaid stand of the petitioner, let the petitioner, above named, be released on provisiona...
Most Manwa Devi and ors. Vs. Dwarika Raut and ors.
Court: Patna
Decided on: May-24-2012
iIN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.432 of 2009 Most Manwa Devi & Ors. Versus Dwarika Raut & Ors. ---------------------------------24. 1-2012 The learned counsel appearing on behalf of the appellants submits that appellant no.1, Most. Manwa Devi, wife of the original plaintiff and substituted as one of his heirs, has died during the pendency of this appeal but all her heirs and legal representatives are already on record as appellant nos. 2 to 4. The learned counsel for the respondents has no objection. In this view of the matter, the name of appellant no.1, Most. Manwa Devi, is struck off from the records of this appeal. This appeal will be heard. Admit. The following substantial questions of law arise for consideration in this appeal: (1) Whether the judgment of the appellate court relying solely on the basis of Ext.4 and deposition of P.W.7 in reversing the judgment of the trial court which has been passed after considering the entire documentary and oral evid...
Ayodhi Mukhiya Vs. the State of Bihar
Court: Patna
Decided on: May-24-2012
Patna High Court Cr.Misc. No.3329 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3329 of 2012 ====================================================== Ayodhi Mukhiya, son of Lawhar Mukhiya, resident of Village-Lilhaul, P.S.Singhia, District- Samastipur. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE GOPAL PRASAD24. 01-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Singhia P.S. Case No. 50 of 1997 (T.R. No. 779/11) registered under Sections 436, 427 and 504/34 of the Indian Penal Code. Earlier the case was instituted and F.I.R. was lodged. However, police after investigation submitted Final Form and case proceeded. Learned counsel for the petitioner submits that a compromise petition has been filed. It is further submitted that there is land dispute b...
Surendra Giri @ Surendra Kumar Giri Vs. the State of Bihar
Court: Patna
Decided on: May-24-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2045 of 2012 ====================================================== Surendra Giri @ Surendra Kumar Giri .... .... 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 is apprehending his arrest in connection with Barharia P.S. Case No. 11 of 2011 registered under Sections 147, 148, 149, 385, 387, 307, 302 and 504 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, Siwan. It is alleged that the accused persons came armed with garasa, spade, dabia and lathi and demanded Rs. 1500/- extortion while the drainage was being constructed at the behest of the informants side. It is alleged against the petitioner armed with garasa to have made a...
Heera Manjhi Vs. the State of Bihar
Court: Patna
Decided on: May-24-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37546 of 2011 Heera Manjhi Versus The State Of Bihar ---------------------------------24. 01-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Admittedly, wife of the petitioner died within four months of her marriage in other than normal circumstances and there is allegation of demand of dowry as well as torturing against him. Learned counsel for the petitioner points out that in course of trial, the witnesses including the informant, have not supported the prosecution case rather they have stated that the deceased died accidentally while she was cooking meal. Considering the aforesaid facts and circumstances as well as submission of the parties, I am not inclined to release the petitioner on bail. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 189 of 2011/77 of 2011 arising out of Nardiganj P.S. Case No. 61 of 2009 pending in the...