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Patna Court May 2012 Judgments

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May 24 2012

Raghubansh Singh and anr. Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

Patna High Court Cr.Misc. No.2273 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2273 of 2012 ====================================================== Raghubansh Singh & Anr. .... .... 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 are apprehending their arrest in complaint case in which cognizance has been taken under Sections 364/34 and 120B of the Indian Penal Code. The accusation is of abducting the son of the complainant by his father-in-law. The occurrence is of 05.10.1998 when the complaint was filed in 1999. It appears that the petitioners side has also lodged a case under Sections 498A, 323, 379 of the I.P.C. and of the D. P. Act against the complainants family when on com...


May 24 2012

Kailash Thakur Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

Patna High Court Cr.Misc. No.5 of 2011 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5 of 2011 ====================================================== Kailash Thakur .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY24. 01-2012 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner is permitted to add the complainant as opposite party no.2. Issue notice to opposite party no.2 under ordinary course as well as registered post with A/D for which requisites etc. must be filed within a period of one week, failing which this application as against him shall stand rejected without further reference to th...


May 24 2012

Sohan 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.30107 of 2011 Sohan Kumar & Anr. Versus The State Of Bihar ----------- 04/ 24.01.2012 Learned counsel for the petitioners is permitted to make necessary correction in prayer portion of his petition within the course of the day. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioners are in jail custody in a case initially, registered under sections 147, 148, 323, 324, 379, 342 of the IPC but later on, sections 302, 307 of the IPC were also added. Petitioners are named in the first information report but admittedly, informant is not an eye witness of the alleged occurrence and he came to know about the alleged occurrence from one Shree Kumar whose statement has been recorded at para 5 of the case diary. This witness states that he had seen the petitioners and some unknown persons assaulting the deceased and similar state...


May 24 2012

Fakru @ Nesar Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

Patna High Court Cr.Misc. No.3580 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3580 of 2012 ====================================================== Fakru @ Nesar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER (Per: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI24. 01.2012 Heard learned counsel for the petitioner as well as learned A.P.P. On a petition filed by Ruby Khatoon before the superior police official, alleging inter alia that her daughter aged about seven month has been taken away by the petitioner (Fakru, son of Munna Minya), over which an inquiry was entrusted to the informant of this case, namely, B.N. Rai. During conduction of aforesaid inquiry found that Fakru and ruby Khatoon happens to be spouse. Ruby Khatoon happens to be a prosecute. They had purchased the girl from the clinic of Dr...


May 24 2012

Nasim Ansari Vs. the State of Bihar and anr.

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.71 of 2011 Nasim Ansari Versus The State of Bihar & Anr. ---------------------------------- 2. 24.01.2012 Mr. Subodh Kumar Jha, learned counsel for the petitioner and learned A.P.P. for the State are present. This application is filed for quashing the Judgment dated 2.12.2010 by the Principal Judge, Family Court, Jamui in Maintenance Case No. 12/2009 by which the Court below has directed the petitioner to pay Rs. 1,800/- per month as maintenance to opposite party no.2. Learned counsel submits that the petitioner does not have the earning to pay Rs. 1,800/- per month to opposite party no. 2 and he is ready to keep his wife with full dignity, honour and security. It is stated that the Court below has also not considered this crucial aspect of the matter only on the ground that there were materials which show that opposite party no. 2 was tortured, assaulted and neglected. He submits that another case was filed by father-in-law...


May 24 2012

Shahid HussaIn Vs. the State of Bihar and anr

Court: Patna

Decided on: May-24-2012

Patna High Court Cr.Misc. No.622 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.622 of 2012 ====================================================== Shahid Hussain .... .... Petitioner Versus The State Of Bihar & Anr .... .... Opposite Party =====================================================24. 01-2012 Heard learned counsel for the parties. The petitioner is aggrieved by the order dated 23.03.2010 passed by learned Judicial Magistrate 1st Class, Nalanda at Biharsharif in Complaint Case No. 1041C of 2009 whereby the learned Magistrate has been pleased to take cognizance of the offence punishable under section 498A of the Indian Penal Code against the petitioner. Learned counsel for the petitioner has submitted that the case in question has been instituted after 20 years of marriage and even when divorce has been pronounced between the parties and the maintenance case instituted by the complainant giving rise to Maintenance Case No. 43M of 2...


May 24 2012

Ahilya Devi Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

Patna High Court Cr.Misc. No.2297 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2297 of 2012 ====================================================== Ahilya 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 the husband is apprehending her arrest in a case registered under Sections 304(B) and 201/34 of the Indian Penal Code. The accusation is of killing the victim for non-fulfillment of dowry demand. It is submitted that the informant has admitted in the F.I.R. that the marriage was performed nine years prior to occurrence. Hence, the case does not come within the purview of Section 304(B) of the I.P.C. Considering the aforesaid submissions, let the pet...


May 24 2012

Tapan Kumar 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.1255 of 2011 Tapan Kumar Versus The State of Bihar & Ors. ---------------------------------- 3. 24.01.2012 Mr. Rajeev Roy, learned counsel for the petitioner and learned A.C. to G.P. 26 for the State are present. This application is for release of the truck bearing Registration No. BR 1.F 971.lying in the custody of Barari (Zero Mile) Police Station, Bhagalpur. Earlier Misc. Case No. 7 of 2011 has been filed by the petitioner for release of vehicle in his favour since he was the person in whose name the vehicle was registered which was rejected by order dated 4.7.2011 by the Chief Judicial Magistrate, Bhagalpur. Learned counsel for the petitioner draws the attention of this Court to Annexure-1 which is the report of the Officer in- Charge of Barari Police Station in which it is stated that the truck was financed by Tata Motors Finance in his favour but because the petitioner defaulted in repayment of the installments, the tr...


May 24 2012

Dinesh Prasad @ Dinesh Singh Mukhiya Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

Patna High Court Cr.Misc. No.36556 of 2011 (3) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36556 of 2011 ====================================================== Nitish Kumar, S/O Shri Dinesh Singh, R/O Village - Yarpur, P.S. Hilsa, Distt. - Nalanda .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ========================================================= With Criminal Miscellaneous No.43253 of 2011 ========================================================= Santosh Kumar son of Rabindra Garain R/O Vill. Malama, P.S. - Hilsa Nalanda. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ========================================================= With Criminal Miscellaneous No.43340 of 2011 ========================================================= Dinesh Prasad @ Dinesh Singh Mukhiya S/O Durga Prasad, Village Yarpur P.S. Hilsa, Distrrict Nalanda .... .... Petitioner/s Versus The State Of Bihar .... .... Oppos...


May 24 2012

Mahesh Yadav and ors Vs. Phulchand Yadav and ors

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA First Appeal No.540 of 1978 Mahesh Yadav & Ors Versus Phulchand Yadav & Ors ---------------------------------- 63. 24.01.2012. Heard the learned counsel for the appellants and the learned counsel for the respondents on I.A. No.1826 of 2008. This is a substitution application for substitution of the legal representatives of the deceased appellant no.2, respondent nos.14, 26 and 24(a). So far prayer for substitution of the legal representatives of appellant no.2 is concerned, the same is within time. Therefore, the legal representatives mentioned in detail in paragraph 5 of the substitution application are substituted in place of the deceased appellant no.2. All the legal representatives of the deceased appellant no.2 are appearing by filing vakalatnama that may be filed by the learned counsel for the appellants by tomorrow. So far the respondent no.24(a) is concerned, her name is only to be deleted on the ground that her legal representatives are...


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