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Patna Court May 2012 Judgments

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May 23 2012

Zakir Khan Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.1094 of 2012 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1094 of 2012 ====================================================== Zakir Khan @ Mr. Jakir Khan .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH23. 01-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 20.10.2011 in a case registered for the offence under Sections 341, 342, 323, 325, 504,307/34 of the Indian Penal Code and 27 of the Arms Act. The accusation is of making assault and committing theft. It is submitted that simple injury has been caused and there is counter version of occurrence also and the petitioner is on litigating terms from before. Considering the aforesaid facts, let the petitioner above named be rel...


May 23 2012

Dhanni Mandal @ Dhaneshwar Mandal Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28552 of 2011 Dhanni Mandal @ Dhaneshwar Mandal Versus The State Of Bihar ---------------------------------23. 01-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner, being husband of the deceased, is languishing in jail custody since 14-03-2011 in a case registered under Sections-304B, 201/34 of the Indian Penal Code. Learned counsel for the petitioner submits that neither the informant nor any witnesses disclosed the date of marriage of the deceased and as a matter of fact, the marriage of the deceased had taken place with petitioner more than 7 years ago and, furthermore, in course of investigation, witnesses stated that the deceased committed suicide on account of family feud, so application of Section-304B of the Indian Penal Code is doubtful. Considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioner, n...


May 23 2012

Tetri Devi and ors. Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36439 of 2011 ====================================================== 1.Tetri Devi, Wife of Bhola Paswan. 2.Sunil Paswan, Son of Bhola Paswan. 3.Kari Devi @ Kari Kumari. 4.Khushbu Kumari @ Kushbu Devi. Both daughters of Bhola Paswan. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA23. 01-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph 113 dated 18/11/2011. The petitioners are apprehending their arrest in connection with a case registered for the offence punishable under Sections 304(B), 201/34 of the Indian Penal Code, are named accused in this case being in-laws of deceased daughter of the informant, who died under...


May 23 2012

Nagendra Kumar Vs. State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32889 of 2009 ====================================================== Nagendra Kumar son of Sri Laxmi Narayan Singh, resident of Village- Mayapur, P.O.-Bhagwanpur, P.S.-Katari Sarai, District-Nalanda. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA23. 01-2012 This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 07.06.2008, passed in G.R. No. 942 of 2008 arising out of Giriyak (Katari Sarai) P.S. Case No. 77 of 2008 by the Chief Judicial Magistrate, Nalanda at Biharsharif, taking the cognizance of the offence under Sections 420 and 379 of the Indian Penal Code and Rules 4/40 (I)/26 of Bihar Minor Mineral Concession Rules, 1972. While the learned counsel appearing on behalf of accused-pet...


May 23 2012

Birendra Kumar Gupta and ors Vs. State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28810 of 2010 ====================================================== Birendra Kumar Gupta & Ors .... .... Petitioners Versus State Of Bihar .... .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. S.N.P.Sinha, Sr.Advocate For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIKASH JAIN23. 01-2012 Learned Senior Counsel Mr. S. N. P. Sinha appearing on behalf of the petitioners has filed a supplementary affidavit, inter alia, enclosing a certificate of Bihar State Financial Corporation, Purnea showing that the entire outstanding has been cleared under the One Time Settlement Scheme-2009 against M/s. Bihar Steel Products, Maranga, District Purnea. He, therefore, submits that there is no occasion to continue the prosecution against the petitioner....


May 23 2012

Ravi Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2115 of 2012 ====================================================== Ravi Kumar .... .... 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 SINGH23. 01-2012 Petitioner is apprehending his arrest in a case registered for the offences under Sections 379 of the I.P.C. It is alleged that the gold chain worth Rs. 95,000/- was snatched by one Ravish Kumar who subsequently named this petitioner. A statement has been made in para 13 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner namely Ravi Kumar, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two su...


May 23 2012

Chhabila Gond and anr. Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2126 of 2012 ====================================================== Chhabila Gond & 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 SINGH23. 01-2012 Petitioners being parents of the husband are apprehending their arrest in a case registered for the offences under Sections 304B/34 of the I.P.C. Accusation is of killing the victim for non- fulfilment of the dowry demand. Though there is general accusation against the entire family, but thrust of accusation is against the husband and it is submitted that husband is in custody and other accused have been granted bail in the matter. Considering the aforesaid facts, let the petitioners namely 1. Chhabila Gond 2. Morato Devi, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on ...


May 23 2012

Kailu Bhagat and anr. Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.39909 of 2011 (3) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39909 of 2011 ====================================================== Kailu Bhagat & Anr. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party Appearance : For the Petitioners : Mr. P.K.Sinha For the Opposite Party : Mr. Amit Kumar Rakesh, A.P.23. 01-2012 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are in jail custody in a case registered under section 302/34 of the IPC. Although petitioners are named in the first information report with allegation that they assaulted the deceased with lathi but learned counsel for the petitioners drew my attention towards post mortem report of the deceased and points out that the deceased sustained altogether seven injuries, out of them only two injuries are said to have been caused by hard and blunt substance and so far as rest injuries of...


May 23 2012

Sunita Devi Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1849 of 2012 ====================================================== Sunita Devi .... .... 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 SINGH23. 01-2012 Heard learned counsels for the petitioner, informant and the State. The petitioner is apprehending her arrest in a case registered under Sections 447, 341, 323, 325, 307, 320 and 504/34 of the Indian Penal Code. The specific accusation of assaulting by bamboo on the head of the deceased is against Ranjeet Kumar. The postmortem report reflects only one injury. It is alleged against the petitioner and others that they assaulted the interveners. It is submitted that no injury report is on record with regard to the others. Considering the aforesaid facts, let the above named petitioner be released on...


May 23 2012

Kamala Kumari Sinha Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.43234 of 2010 (8) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43234 of 2010 =================================================== Kamala Kumari Sinha, daughter of late Sachidanand Prasad. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA23. 01-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Complaint Case No. 189C/2010 for the offences under Sections 380 I.P.C. and (3x) of SC/ST (Prevention of Atrocities) Act, is one of the named accused in this complaint case relating to simple assault and abuse etc. This case appears squarely covered under the decision of Apex Court in a case Jorgia Pentiah Vs. State of A.P. reported in 2009(1) BCCR ...


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