Patna Court April 2014 Judgments
Krishna Nand Singh Vs. the Union of India and Others
Court: Patna
Decided on: Apr-18-2014
The petitioner, invoking writ jurisdiction of this court under Article 226 of the Constitution of India, has prayed for quashing of an order contained in Memo No. 1054 dated 28.6.1996 passed by the Commandant, Central Industrial Security Force (CISF) VSTPP (Unit) Vindhya Nager, District - Sidhi (Madhya Pradesh). By the said order, punishment of dismissal of petitioner from CISF services has been awarded. The petitioner has further prayed for issuance of writ in the nature of Certiorari for setting aside the order passed by the appellate authority i.e. Deputy Inspector General, CISF, East Zone, Headquarter, Patna, contained in Memo No. 4381 dated 21.6.1997. By the said order, the appellate authority has affirmed the order of the disciplinary authority and dismissed the appeal. Short fact of the case is that the petitioner, who was constable in CISF was charged on an allegation that while he was in CISF unit VSTPP Vindhya Nager, a movement order dated 2.6.1994 was issued directing him to...
Tag this Judgment!Ramchandra Mahto Vs. the State of Bihar
Court: Patna
Decided on: Apr-15-2014
1. This appeal has been preferred by the sole appellant Ramchandra Mahto who has been found guilty for an offence punishable under Section 354 IPC, 448 IPC and directed to undergo R.I. for six months under both count independently with a further direction to run the sentences concurrently vide judgment of conviction and sentence dated 11-08-1994 passed by Second Additional Sessions Judge, West Champaran at Bettiah in Sessions Trial No.168 of 1986. 2. Hari Lal Ram (PW-6) recorded First Information Report on 14.02.1984 at about 03:00 P.M. alleging inter alia that on the same day at about 11:00 A.M. while he was sleeping in his courtyard after taking medicines on account of headache, his neighbour Ram Chandra Mahto came at his Darwaja and inquired about him from his žBhaujaiŸ, Ramdei Devi who disclosed that he has gone to work. Then thereafter Ram Chandra Mahto made house trespass, came near his wife caught hold her with an intention to commit rape. On an alarm raised by his wi...
Tag this Judgment!Ajju @ Ajwa @ Ajail and Others Vs. the State of Bihar
Court: Patna
Decided on: Apr-11-2014
1. These three appeals are directed against the Judgment and Order dated 29th of November, 2010 passed in Sessions Trial No.747 of 2008 by the court of 2nd Additional Sessions Judge, Purnea, whereunder the appellants, above named, have been convicted for the offence under Sections 395 and 412 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 10 years with fine of Rs.5000/- under Section 395 of the Indian Penal Code and for 10 years with fine of Rs.5000/- under Section 412 of the Indian Penal Code. In default of payment of fine to serve the sentence for the further period of three months under each counts. However, both the sentences have been ordered to run concurrently. 2. The prosecution case, as set out in the fardbeyan (Ext.3) of the informant, Nagendra Sah (P.W.9), is that in the night of 5/6.3.2008, he alongwith his family members after taking dinner were sleeping closing the door of his house. At about 1.30 A.M., some persons asked him to open the door,...
Tag this Judgment!Radha Devi Vs. Santosh Kumar Gupta @ Bhola Babu
Court: Patna
Decided on: Apr-11-2014
Navin Sinha, J. The present Appeal arises from order dated 30.08.2006 passed by the Principal Judge, Family Court, at Bhagalpur dismissing Marriage Case No. 48 of 2005, filed under Section 9 of the Hindu Marriage Act (hereinafter called the Act). The parties were married on 20.06.1997. A female child was born from the wedlock. The respondent filed Matrimonial Case No. 17 of 2005 for annulment of the marriage on the ground that the Appellant suffered from unsoundness of mind and consent had been obtained for marriage by suppression. The Appellant also filed Marriage Case No. 48 of 2005 for restitution of conjugal rights under Section 9 of the Act. Both Suits were decided by the Principal Judge, Family Court at Bhagalpur though separately. Matrimonial Case No. 17 of 2005 filed by the respondent for divorce was dismissed on 02.01.2006 after perusing the report of the Director, RINPAS, Kanke in letter no. 6843 dated 24.12.2005 that the Appellant was not suffering from any psychiatric ailme...
Tag this Judgment!Ajay Kumar Roy Vs. the State of Bihar
Court: Patna
Decided on: Apr-10-2014
Heard. The present petition was filed under Section 482 of the Code of Criminal Procedure, 1973 (in short œCr.P.C.?) with a prayer to quash an order dated 24-05-2000 passed by the learned Chief Judicial Magistrate, Araria (hereinafter referred to as œMagistrate?) in Case No. CC 19/1997. By the said order, learned Magistrate had taken cognizance of offence under Sections 211 and 182 of the Indian Penal Code (in short œIPC?) and summoned the petitioner. Further, the petitioner has also prayed for quashing of order dated 24th May, 2001 passed by the learned 6th Additional Sessions Judge, Purnia (hereinafter referred to as œAddl. Sessions Judge?), whereby, Cr. Revision No. 349 of 2000/Tr. No. 32 of 2000 was rejected, which was preferred against the order of cognizance. Short fact of the case is that initially, on the basis of written report filed by the petitioner, an F.I.R., vide Araria P.S. Case No. 244 of 1996, was registered for the offence under Sections 379 an...
Tag this Judgment!Shanti Devi and Another Vs. the State of Bihar
Court: Patna
Decided on: Apr-10-2014
1. Appellants, Shanti Devi and Fula Devi who have been found guilty for an offence punishable under Section 20(b) of the NDPS Act vide judgment of conviction dated 05.02.2013 and each of them sentenced to undergo R.I. for 10 years as well as fined Rs.1,00,000/- in default thereof to undergo S.I. of six months additionally vide judgment of sentence dated 11.02.2013 passed by Additional Sessions Judge, Ist-cum-Special Judge (NDPS Act), Gaya in connection with N.D. P.S. Case No.10 of 2010 arising out of Gaya Rail P.S. Case No.65 of 2009 have challenged under instant appeal. 2. PW-6, Gauri Shankar Gupta, Officer-in-charge of Gaya Rail P.S. recorded his self statement on 16.05.2009 at about 03:30 hours in the waiting room situated at platform no.1 disclosing therein that while he along with other G.R.P personnel were on night patrolling and during course thereof, have gone inside waiting room they found two women sitting near bags so picked up whereupon suspicion grew followed with apprehen...
Tag this Judgment!Ram Badan Rai Vs. Rajiv Ranjan Singh @ Lallan Singh
Court: Patna
Decided on: Apr-09-2014
1. Present Election Petition has been filed under Section 80, 80A and 81 of the Representation of the PeopleAct, 1951 (hereinafter referred to as the žActŸ) to declare the election of the sole respondent from 28- Munger Parliamentary Constituency, held pursuant to notification dated 02.04.2009, for constituting 14th Lok Sabha void, on the ground that sole respondent committed corrupt practice in the said election within the meaning of sub-section (8) of Section 123 of the Act, his election is fit to be set aside under sub-section (1)(b) of Section 100 of the Act, as with his consent Superintendent of Police, Lakhisarai captured Booth Nos. 62 to 72 of Lakhisarai Vidhansabha Constituency, restraining the voters of those booths from casting their vote. Election-petitioner further prayed to direct the Election Commission of India to hold fresh election for 28- Munger Parliamentary Constituency. 2. Perusal of Election Petition and Annexure-1 indicates that election-petitioner con...
Tag this Judgment!Ramashray Yadav and Others Vs. the State of Bihar
Court: Patna
Decided on: Apr-09-2014
1. Petitioners have prayed for quashing of Khagaria Police Station Case no.301 of 2008 registered under Section 268/420 of the IPC and 3/4 of Bihar Ban on Lottery Act, 1983. 2. S.I., Rajendra Prasad Yadav of Town Police Station (Informant) as per direction of the Superintendent of Police under the leadership of Sub-divisional Police Officer participated during conduction of raid at the House-cum-Tea Stall of Ramashray Yadav on 15.06.2008 at about 02:50 P.M. and recovered 25 packets of lottery ticket belonging to Diamond Government of Sikkim. Because of the fact that no document was shown therefore Ramashray Yadav along with Manish Kumar were apprehended while Raghubansh Prasad Yadav and Raj Kumar @ Raju succeeded in their escape. Further it has been averred that on search 58 Kg. of Diamond Dear lottery ticket was seized from the house of Raghubansh Prasad Yadav cash appertaining to Rs.67,170/- was also seized therefrom. One Ramjeevan Yadav, the tea vendor was also apprehended. It is al...
Tag this Judgment!Sanjay Dusadh and Others Vs. the State of Bihar
Court: Patna
Decided on: Apr-07-2014
1. Out of the present batch of four appeals, one bearing Cr. Appeal (SJ) No. 386 of 2002 preferred by Tetar Yadav, stands abated on account of his death vide order dated 31.3.2014 passed by this Court. The six appellants of the remaining three appeals were tried by the learned 6th Addl. Sessions Judge, Aurangabad for having committed dacoity on 16.3.1991 in the house of informant Balmuni Singh, who was not examined on account of his death. After being tried for the charge under Section 395 of the Indian Penal Code in Sessions Trial No. 324/1991 / 136/2001, the appellants were held guilty of committing the said offence and each of them was directed to suffer rigorous imprisonment for seven years. They have preferred this batch of appeals to challenge the impugned judgment of conviction dated 9.7.2002 and the order of sentence dated 11.7.2002. 2. Undisputedly, a dacoity was committed in the house of informant Balmuni Singh on 16.3.1991 at 6:15 P.M. by unknown dacoits, numbering 8-10. The...
Tag this Judgment!Jahangir Alam Vs. State of Bihar
Court: Patna
Decided on: Apr-07-2014
1. The present appeal is directed against the judgment of conviction and order of sentence dated 06.08.2002 and 08.08.2002 respectively passed by the learned Sessions Judge, Katihar in Sessions Trial No.224 of 2001 by which the solitary appellant Jahangir Alam was held guilty of committing offence under Section 376 IPC and was directed to suffer rigorous imprisonment for ten years. 2. The appellant was put on trial with his father Nawab Arfeen after being charged under Section 376 IPC and as regards his father he was indicted U/S 376/109 I.P.C. His father was acquitted and the appellant was convicted as above. 3. Petition of complaint dated 22.04.1997 filed by P.W.1;the prosecutrix of the case, was the basis upon which the trial had proceeded. As per the petition of complaint, the occurrence had taken place some six months prior to the filing of the same and it appears from the allegation that the prosecutrix was subjected to sexual intercourse for a continuous period of more than six ...
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