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Patna Court May 2012 Judgments

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May 23 2012

Basant Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1855 of 2012 ====================================================== Basant 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 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a case registered under Section 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation is of demand of dowry and torture. It is submitted by learned counsel for the petitioner that the divorce case was filed by the petitioner on 02.06.2011 and thereafter the present case was lodged on 11.07.2011. Considering the lodging of the divorce case at the earlier point of time, let the above named petitioner be released on anticipatory bail in the ...


May 23 2012

Bijay Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.3279 of 2012 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3279 of 2012 ====================================================== Bijay Kumar, S/o Jawahar Singh @ Jawahir Singh, R/o Village Mayaka Tola, P.S. Jagdishpur, District- Bhojpur. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE GOPAL PRASAD23. 01-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Dhangai P.S. Case No. 51 of 2011 registered for offence under Section 414 of the Indian Penal Code. It is alleged that the petitioner was caught while going on motorcycle and some articles were recovered from the said motorcycle which is part and parcel of the F.I.R. Learned counsel for the petitioner submits that petitioner is in custody since 08.10. 2011 and there is nothing to sugg...


May 23 2012

Rajendra Yadav and ors. Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.1107 o1. Rajendra Yadav son of Jay Lal Yadav 2.Gangai Yadav son of Tejilal Yadav 3.Nageshwar Yadav son of Tejilal Yadav All are resident of village-Hanuman Nagar P.S.-Phulparas, Dist.-Madhubani Versus The State Of Bihar with Criminal Appeal (DB) No.1133 of 2011 Lal Yadav @ Lalwa Yadav @ Shiv Shankar Yadav son of Sri Kamal Yadav, resident of village-Hanuman Nagar, P.S.-Phulparas, District- Madhubani Versus The State Of Bihar ---------- with Criminal Appeal (DB) No.1189 of 2011 Sakaldev Yadav son of Late Manu Yadav, resident of village- Hanuman Nagar, P.S.-Phulpras, Dist.-Madhubani Versus 1. The State Of Bihar ----------- 4. 23.1.2012. In these three appeals prayer for bail on behalf of Rajendra Yadav, Gangai Yadav, Nageshwar Yadav, Lal Yadav @ Lalwa Yadav @ Shiv Shankar Yadav and Sakaldev Yadav has been made. We have heard Mr. Bakhi S.R.P.Sinha and perused the records. In so far as Gangai Yadav and Nageshwar Yadav are conc...


May 23 2012

Dharmendra Bhagat Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.32988 of 2011 (3) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32988 of 2011 ====================================================== Dharmendra Bhagat .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA23. 01-2012 Let an express reminder be issued to Sub Divisional Judicial Magistrate, Shikarahna at Motihari, East Champaran as well as to Superintendent of Police, Motihari, East Champaran for sending the clear carbon copy of case diary of Madhuban P.S. Case No. 88 of 2005 as well as antecedent report of petitioner, Dharmendra Bhagat, Son of Jogendra Bhagat @ Jogendra Bhandari to this Court positively within three weeks from the date of receipt of this order and list the matter...


May 23 2012

Ajay Kumar Das Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2013 of 2012 Ajay Kumar Das Versus The State Of Bihar ---------------------------------- 2/ 23.1.2012 Heard learned counsels for the petitioner and the State. The petitioner being husband is apprehending arrest in Complaint Case no. 2916 C of 2010 in which cognizance has been taken under sections 498A and 406/34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfillment of dowry demands. It is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. It is also submitted that the petitioner has also filed a suit for restitution of conjugal rights. Considering the stand of the petitioner, let the above named petitioner be released on bail in the event of 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 sur...


May 23 2012

Mahesh Paswan Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.1162 of 2012 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1162 of 2012 ====================================================== Mahesh Paswan .... .... 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 petitioners and the State. The petitioner is languishing in custody since 05.08.2011 in a case registered under Section 392 of the Indian Penal Code. The name of the petitioner sprang up on the confession of the co-accused. It is submitted that no recovery has been made from the petitioner and other accused persons have been acquitted in the matter. Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureti...


May 23 2012

Sandeep Mahto Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2014 of 2012 Sandeep Mahto Versus The State Of Bihar ---------------------------------- 2/ 23.1.2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a case under section 498A and 323 of the Indian Penal Code. The petitioner is ready to keep the informant as his wife with full dignity and honour. Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for one year 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 amount each to the satisfaction of C.J.M. Nawada in Akabarpur P.S. Case no. 164 of 2011 subject to the conditions as laid down under section 438(2) of the Cr.P.C. Let the learned court below issue notice to the complainant for her appearance ...


May 23 2012

NuraIn Mian Vs. the State of Bihar and anr

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.44442 of 2011 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44442 of 2011 ====================================================== Nurain Mian Son Of Late Amzad Mian Resident Of Village - Khirlichiya, Police Station - Raxaul, District - East Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Union Of India. .... .... Opposite Party/s ====================================================== 02. 23-01-2012 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with N.D.P.S. Case No. 36 of 2010 arising from Raxaul P.S. Case No. 09 of 2006 for offence punishable under Sections 20, 22, 23 and 24 of the N.D.P.S. Act Taking into consideration the submission of learned counsel that even in absence of any recovery and in absence of criminal antecedent, the petitioner has been arrested in the present case merely b...


May 23 2012

Anup Kumar Upadheya Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3552 of 2012 Anup Kumar Upadheya Versus The State Of Bihar ---------------------------------- 02. 23.01.2012. Heard learned counsel for the petitioner and learned Additional P.P. for the State. Petitioner happens to be husband of Nipu Kumari. From the lower court order, it is evident that some sort of negotiations had taken place which unfortunately could not be fulfilled. The bail granted to the petitioner was in the aforesaid background and that happens to be reason behind that one of the bailor was directed to be one of the family members of Nipu Kumari It has been submitted that unless and until petitioner comes out from the custody, the controversy having in between the party cannot be resolved. In the aforesaid facts and circumstances of the case, petitioner, namely, Anup Kumar Upadheya is granted provisional bail for a month, i.e., up to 23.02.2012 with a direction that he will make himself present before the lea...


May 23 2012

Umesh Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2006 of 2012 Umesh Kumar Versus The State Of Bihar ---------------------------------- 2/ 23.1.2012 Heard learned counsels for the petitioner and the State. The petitioner being Mukhia of the Panchayat, is apprehending arrest in a case registered under section 409 of the Indian Penal Code. The accusation is that certain directions were issued by this Court in a writ proceeding with regard to appointment of the writ petitioner on the post of Panchayat Teacher but the petitioner did not comply the same. It is submitted by learned counsel for the petitioner that the matter of appointment of Panchayat Teacher is still pending and the writ petition was disposed of giving direction to the appellate authority to pass necessary order, hence, lodging of the FIR is absolutely misconceived. Considering the aforesaid facts and particularly the nature of accusation, let the above named petitioner be released on bail in the event of a...


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