IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1054 of 2017 Devangan ….. Petitioner Versus The State of Jharkhand ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Kumar Nilesh, Advocate. For the State : A.P.P. --------- 03/Dated:
26. 04/2017 Under order dated 23.02.2017, case diary and injury report, if any was called for. Office note dated 22.04.2017 reveals that case diary and injury report has not been received. Office is directed to send an express reminder for transmission of case diary and injury report, if any. List this case after eight weeks. Till then, interim relief granted earlier shall continue. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1040 of 2017 1.Md. Satar Mian Mian @ Abdul Satar 2.Md. Karim 3.Md. Latif @ Latif 4.Md. Gayash 5.Md. Saraj 6.Rokshana Khatoon 7.Md. Kalam 8.Md. Idrish ….. Petitioners Versus The State of Jharkhand ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. H.K. Shikarwar, Advocate. For the State : A.P.P. --------- 05/Dated:
26. 04/2017 In view of the submissions made by learned counsel for the petitioners, the defect, as pointed out, by the office is ignored. Eight petitioners are apprehending their arrest in connection with Muffasil P.S. Case No. 88 of 2016, corresponding to G.R. No. 1572 of 2016, registered under Sections 498A, 494, 468 of the I.P.C., lodged on the basis of one complaint being Complaint Case No. 587 of 2016 filed by Sabnam Khatoon in the court of Chief Judicial Magistrate, Hazaribagh, which was referred under Section 156 (3) of the Cr.P.C. for institution of the case, alleging that she was married with on Md. Asmar according to Muslim rites on 11.04.2002. Petitioners are relative of the complainant. Office is directed to call for the case diary. List this case after eight weeks. Till then, no coercive steps shall be taken against the petitioners in connection with Muffasil P.S. Case No. 88 of 2016, corresponding to G.R. No. 1572 of 2016, pending in the court of C.J.M., Hazaribagh. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1022 of 2017 1. Md. Miskat Alam @ Mishaque Alam @ Pintu @ Miskat Alam 2. Md. Hussain @ Ali Hussain ….. Petitioners Versus The State of Jharkhand ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. Prabhat Kr. sinha, Advocate. For the State : A.P.P. --------- 05/Dated:
26. 04/2017 On 20.03.2017, case diary and criminal antecedent report was called for. Office note reveals that neither the case diary nor the criminal antecedent report of the petitioner was called for. Office is directed to send an express reminder for transmission of case diary and criminal antecedent report of the petitioner. List this case after eight weeks. Till then, interim relief granted earlier shall continue. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 965 of 2017 Sneha Jit Adhikary @ Snehajit Adhikari ….. Petitioner Versus The State of Jharkhand & Anr. ….. Opp. Parties --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Ramchander Sahu, Advocate. For the State : A.P.P. --------- 03/Dated:
26. 04/2017 One week time is granted to the petitioner to comply the order dated 28.02.2017 of this Court, failing which this anticipatory bail application shall stand rejected without further to a Bench. Till then, interim relief granted earlier shall continue. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 381 of 2017 Madi Munda ….. Petitioner Versus The State of Jharkhand ….. Opp. Party WITH A.B.A. No. 396 of 2017 1. Roshan Munda 2. Shyam Munda ….. Petitioners Versus The State of Jharkhand ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. Ajay Kr. Singh, Advocate. For the State : A.P.P. --------- 06/Dated:
26. 04/2017 Petitioners are apprehending their arrest in connection with Sadar P.S. Case No. 413 of 2016, corresponding to G.R. No. 5648 of 2016, registered under Section 379 of the I.P.C. It appears that case diary was called for, which has not been received. From perusal of written report, it appears that informant is not an eye-witness. Admittedly, there is land dispute between the parties. Be that as it may, I am inclined to admit the petitioners on anticipatory bail. The above named petitioners are directed to surrender in the Court below within four weeks from the date of this order and in the event of their arrest or surrender, the Court below shall enlarge the above named petitioners on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ranchi, in connection with Sadar P.S. Case No. 413 of 2016, corresponding to G.R. No. 5648 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2250 of 2017 1. Prayag Yadav 2. Mohni Devi ….. Petitioners Versus The State of Jharkhand & Anr. ….. Opp. Parties --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. Satish Kumar, Advocate. For the State : A.P.P. --------- 02/Dated:
26. 04/2017 When the case is called out, learned counsel for the petitioner seeks permission to withdraw this anticipatory bail application. Permission accorded. Accordingly, this anticipatory bail application is dismissed as not pressed. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI I.A. No. 3913 of 2017 IN A.B.A. No. 1828 of 2017 Govind Musuf ….. Petitioner Versus The State of Jharkhand ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Binod Kumar, Advocate. For the State : A.P.P. --------- 05/Dated:
26. 04/2017 In view of the averment made I.A., I.A. No. 3913 of 2017 is allowed and the order dated 18.04.2017 is recalled and the matter is heard today. Petitioner is apprehending his arrest in connection with Ramgarh P.S. Case No. 07 of 2017, G.R. No. 110 of 2017 under Sections 147, 148, 149, 323, 324, 307, 353 I.P.C., lodged on the basis of one written report given by Suresh Lal. Office is directed to call for the case diary and injury report, if any. List this case after eight weeks. Till then, no coercive steps shall be taken against the petitioner, in connection with Ramgarh P.S. Case No. 07 of 2017, G.R. No. 110 of 2017, pending in the court of Sub Divisional Judicial Magistrate, Dumka. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 603 of 2017 1. Chanda Keshari 2. Ravi Shankar Keshari ….. Petitioners Versus The State of Jharkhand ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. Pran Pranay, Advocate. For the State : A.P.P. --------- 04/Dated:
26. 04/2017 Petitioners are apprehending their arrest in connection with Deoghar (Mahila) P.S. Case No. 27 of 2016, corresponding to G.R. No. 1631 of 2016, registered under Sections 498A, 341, 323, 504, 354, 307, 380, 34 of the I.P.C. and Section 3 / 4 of the Dowry Prohibition Act. A supplementary affidavit filed on behalf of the petitioners, in which it has been averred in para-3 that the matter has been settled between the husband and informant in B.A. No. 917 of 2017, which is pending before this Court. Copy of order dated 10.03.2017 has also been annexed. It is submitted that petitioners are the bhaisur and gotni of the informant. Learned APP has opposed the prayer for anticipatory bail. Be that as it may, I am inclined to admit the petitioners on anticipatory bail. The above named petitioners are directed to surrender in the Court below within four weeks from the date of this order and in the event of their arrest or surrender, the Court below shall enlarge the above named petitioners on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Deoghar, in connection with Deoghar (Mahila) P.S. Case No. 27 of 2016, corresponding to G.R. No. 1631 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5048 of 2016 Shahajuddin Khan ….. Petitioner Versus The State of Jharkhand & Anr. ….. Opp. Parties --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. A.K. Chaturvedi, Advocate. For the State : A.P.P. --------- 03/Dated:
26. 04/2017 On 03.01.2017, notices were issued to opposite party no.
2. Office note dated 24.04.2017 opposite party no. 2 validly served on opposite party no.
2. Service report of notice, kept at Flag-'A' and registered cover notice has been received by opposite party no. 2, but nobody appears on behalf of the opposite party no.
2. It appears that case diary was called for, which has not been received. Office is directed to send an express reminder for submission of case dairy. List this case on 29.06.2017for appearance of opposite party no.
2. The personal appearance of petitioner is dispensed with till the next date. Till then, interim relief granted earlier shall continue. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4472 of 2016 1. Sanjay Kumar Ray 2. Ajay Kumar Ray ….. Petitioners Versus The State of Jharkhand & Anr. ….. Opp. Parties --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. Awanish Shekhar, Advocate. For the State : A.P.P. --------- 05/Dated:
26. 04/2017 When the case is called out, learned Shree Nivas Roy, Advocate submits that on the instruction of opposite party no. 2, he proposes to appear and undertakes to file Vakalatnama. Pursuant to order dated 05.12.2016, learned counsel for the petitioner has filed the summoning order. List this case on 15.05.2017. Till then, interim relief granted earlier shall continue. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3889 of 2016 1. Charan Preet Singh @ Chan Prit Singh 2. Harprit Kuar ….. Petitioners Versus The State of Jharkhand & Anr. ….. Opp. Parties --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. R.S. Singh, Advocate. For the State : A.P.P. --------- 06/Dated:
26. 04/2017 From perusal of order dated 14.02.2017, it appears that with the consent of the parties, the matter was referred to Coordinator, DLSA, Palamau at Daltonganj. Office note dated 25.04.2017 reveals that the required mediation report has not been received. Office is directed to send an express reminder to the Secretary-cum-Coordinator, DLSA, Palamau at Daltonganj for transmission of mediation report. List this case on 12.07.2017. Till then, interim relief granted earlier shall continue. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2836 of 2016 1. Mrs. Santosh Agarwal 2. Ravindra Kumar Jaiswal ….. Petitioners Versus The State of Jharkhand & Anr. ….. Opp. Parties --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. B.M. Tripathi, Sr. Advocate. For the State : A.P.P. For the O.P. No. 2 : Mr. Rajesh Kumar, Advocate. Mrs. Aparajita Bhardwaj, Advocate. --------- 10/Dated:
26. 04/2017 Under order dated 21.03.2017, learned counsel for the petitioner was directed to inform this Court about the status of SLP (Crl.) No. 3133 of 2016, which was likely to be listed on 31.03.2017. Today, when the case is called out, learned counsel for the petitioners is present and has filed a order obtained from website of Hon'ble Supreme Court, where the learned court has adjourned the case for six weeks and the case is likely to be listed on 03.07.2017. Learned counsel for the opposite party no. 2 opposed the submission and submitted that the case may be heard on merits. List this case in the last week of July, 2017. On that date, learned counsel for the petitioners will inform the latest status of the case. Till then, interim relief granted earlier shall continue. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4919 of 2016 Sonu Kumar Routh ….. Petitioner Versus The State of Jharkhand & Anr. ….. Opp. Parties --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Rajiv Lochan, Advocate. For the State : A.P.P. For the O.P. No. 2 : Mr. Nityanand Pd. Choudhary, Adv. --------- 03/Dated:
26. 04/2017 Pursuant to order dated 14.12.2016, both the parties along with their counsels are physically present before this Court. Possibility of reconciliation between the parties through the process of mediation is explored. So, in order to test the bonafide of the petitioner, he is directed to pay Rs. 750/- per month as ad interim maintenance to opposite party no. 2 from April, 2017 and shall deposit the arrears of April to June, 2017, totaling to Rs. 2250/- latest by 20.06.2017 in the trial court. On deposition of the aforesaid amount, the opposite party no. 2 will appear in the court below and file an application for withdrawal of the aforesaid amount. The trial court, on proper verification, shall release the aforesaid amount in favour of opposite party no.
2. List this case on 26.07.2017, so after assessing the situation and also after ascertaining as to whether petitioner has complied the order of this Court or not, further order on possibility of reconciliation may be explored. Till then, interim order granted earlier shall continue. Let a copy of order be communicated to the court below. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4966 of 2016 Navin Gupta @ Navin Kumar Gupta ….. Petitioner Versus The State of Jharkhand & Anr. ….. Opp. Parties --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Lalit Yadav, Advocate. For the State : A.P.P. For the O.P. No. 2 : Mr. D.C. Mishra, Advocate. --------- 03/Dated:
26. 04/2017 Pursuant to order dated 15.12.2016, both the parties along with their counsels are physically present before this Court. Possibility of reconciliation between the parties through the process of mediation is explored. So, in order to test the bonafide of the petitioner, he is directed to pay Rs. 1,000/- per month as ad interim maintenance to opposite party no. 2 from April, 2017 and shall deposit the arrears of ad interim maintenance of April to June, 2017, totaling to Rs. 3,000/- latest by 20.06.2017 in the trial court. On deposition of the aforesaid amount, the opposite party no. 2 will appear in the court below and file an application for withdrawal of the aforesaid amount. The trial court, on proper verification, shall release the aforesaid amount in favour of opposite party no.
2. Thereafter, the petitioner will deposit the ad interim maintenance of July, August, 2017, totaling to Rs. 2,000/- latest by 10.08.2017 in the trial court. Thereafter, on deposition of the aforesaid amount, the opposite party no. 2 will appear in the court below and file an application for withdrawal of the aforesaid amount. The trial court, on proper verification, shall release the aforesaid amount in favour of opposite party no.
2. List this case on 21.08.2017, so after assessing the situation and also after ascertaining as to whether petitioner has complied the order of this Court or not, further order on possibility of reconciliation may be explored. Till then, interim order granted earlier shall continue. Let a copy of order be communicated to the court below. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3511 of 2016 1. Sabir 2. Saidm Nisha ….. Petitioners Versus The State of Jharkhand & Anr. ….. Opp. Parties --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. Anil Kr. Sinha, Advocate. For the State : A.P.P. --------- 04/Dated:
26. 04/2017 Despite issuance of notice, opposite party no. 2 has not appeared. Petitioners two in number are apprehending their arrest in connection with Mahila P.S. Case No. 17 of 2014, corresponding to G.R. No. 3533 of 2014, registered under Sections 147, 323, 498A, 109, 313,34, 384 & 379 of the I.P.C. and Section 3 / 4 of the Dowry Prohibition Act, lodged on the basis of one complaint given by Ruby Khatoon in the court of Chief Judicial Magistrate, Hazaribagh, which was referred under Section 156(3) of the Cr.P.C. for institution of the case. Heard the parties. Case diary which was called for, has been received. From perusal of para-50, 51 & 52 of the case diary, the witnesses have admitted that the marriage of Ruby Khatoon was solemnized in 1999 with Md. Bashir and after six months of marriage, husband and in-laws of the opposite party no. 2 tortured her for demand of dowry, but no specific overt act alleged against these petitioners, who are bhaisur and gotni of the opposite party no.
2. Be that as it may, I am inclined to admit the petitioners on anticipatory bail. The above named petitioners are directed to surrender in the Court below within four weeks from the date of this order and in the event of their arrest or surrender, the Court below shall enlarge the above named petitioners on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Hazaribag, in connection with Mahila P.S. Case No. 17 of 2014, corresponding to G.R. No. 3533 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5672 of 2016 Md. Aazam @ Md. Azam ….. Petitioner Versus The State of Jharkhand & Anr. ….. Opp. Parties --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Onkar Nath Tiwary, Advocate. For the State : A.P.P. For the O.P. No. 2 : Mr. D.C. Mishra, Advocate. --------- 09/Dated:
26. 04/2017 Petitioner is made an accused in connection with Complaint Case No. 350 of 2014, corresponding to T.R. No. 909 of 2016, registered under Section 498-A of the I.P.C. and Section 3 / 4 of the Dowry Prohibition Act. xxxxx Learned APP has opposed the prayer for bail. Be that as it may, the petitioner, Md. Aazam @ Md. Azam, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned J.M., 1st Class, Dumka, in connection with Complaint Case No. 350 of 2014, corresponding to T.R. No. 909 of 2016. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1759 of 2017 1. Bharat Sahu @ Bharat Kumar 2. Jagarnath Sao 3. Dilip Sao ….. Petitioners Versus The State of Jharkhand ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. Randhir Kumar, Advocate. For the State : A.P.P. --------- 04/Dated:
26. 04/2017 Office has pointed out two defects. 9 (i), 9 (ii) stand still. Learned counsel for the petitioners has submitted that he has deposited the court fees of Rs. 130/- on 24.04.2017. Office is directed to trace out the same and tag with the record. Petitioners are apprehending his arrest in connection with C.F. Case No. 64 of 2017, registered under Sections 33, 41 and 42 of the Indian Forest Act. It is submitted by learned counsel for the petitioners that the woods have been recovered was not in possession of the petitioners. So, the allegation against the petitioners are totally false and fabricated. Learned APP has opposed the prayer for anticipatory bail and submitted that 337 pieces of woods of Saal and Karn have been recovered. In view of nature of allegation, I am inclined to admit the petitioners on anticipatory bail. The above named petitioners is directed to surrender in the Court below within four weeks from the date of this order and in the event of their arrest or surrender, the Court below shall enlarge the above named petitioners on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Latehar, in connection with C.F. Case No. 64 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., and also subject to the further condition that on the date of surrender, petitioners shall deposit Rs. 15,000/- each in the court below, which shall be subject to the result of the case. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2149 of 2017 1. Brindaban Das 2. Sukumar Das ….. Petitioners Versus The State of Jharkhand & Anr. ….. Opp. Parties --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. Sanjay Kr. Pandey, Advocate. For the State : A.P.P. --------- 02/Dated:
26. 04/2017 Two petitioners are apprehending their arrest in connection with Complaint Case No. 2235 of 2016, registered under Sections 504, 506 of the I.P.C. and Section 3 (ii) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, lodged on the basis of one complaint given by Taramani Singh, opposite party no.
2. In view of the judgment of this Court, an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act is maintainable. Learned counsel for the petitioners is directed to convert this anticipatory bail application into an appeal and make necessary correction in the cause title, para-1 and prayer portion and also file supplementary affidavit bring on record the grounds on which the appeal is supported. Stamp reporter is directed to give fresh stamp report on the point of limitation. List this case in the week commencing 08.05.2017. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1507 of 2016 1.Krishan Mohan Yadav @ Krishna Mohan Yadav 2.Manoj Yadav 3.Surendra Yadav @ Surendra Prasad Yadav 4.Nandlal Yadav ….. Petitioners Versus The State of Jharkhand & Anr. ….. Opp. Parties --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. R.S. Mazumdar, Sr. Advocate. Mr. Mohan Kr. Dubey, Advocate. For the State : A.P.P. --------- 05/Dated:
26. 04/2017 Four petitioners are apprehending their arrest in connection with P.C.R. Case No. 1242 of 2013 (arising out of Mohanpur P.S. Case No. 29 of 2012, corresponding to G.R. No. 130 of 2012, registered under Sections 302 / 34 of the I.P.C., pending in the court of learned S.D.J.M., Deoghar. The facts giving rise to this case is that one Khiro Mahto, opposite party no. 2 gave his fardbeyan on 05.02.2012 at 9:30 a.m. recorded by S.I. Deobrat Poddar, Officer-in-Charge, Mohanpur P.S. alleging that his co-villager Tilakdhari Yadav came and disclosed that dead body of his son Yogendra Yadav was found and informant noticed his dead body. It is further alleged that his another son Kameshwar Yadav had taken a scheme under MANREGA for construction of road and these petitioners had objected. So, he raised suspicion against these petitioners. It appears that the police after investigation has submitted final form vide Final Form No. 108 / 2013 dated 28.03.2013 holding the case to be a mistake of fact and only on the basis of instant protest-cum-complaint, after holding inquiry, petitioners were issued summons. Hence, this anticipatory bail. Anticipatory bail application was filed on 03.05.2016 and on 18.05.2016, notices were issued to opposite party no. 2 and case diary and post-mortem report were called for. From perusal of office order dated 25.11.2016, it appears that notice was received by son of the opposite party no. 2, but he failed to appear and case diary and post-mortem report have also not been received. So, again on 28.11.2016, express reminder was sent for case diary and post-mortem report and the matter was directed to be listed on 07.03.2017. On 07.03.2017, matter was listed. Nobody appeared on behalf of opposite party no.
2. -2- Case diary and post-mortem report has been received. Perusal thereof, it appears that witnesses have not supported the case of prosecution, but as per post-mortem report, deceased has received multiple fracture injuries. Be that as it may, I am inclined to admit the petitioners on anticipatory bail. The above named petitioners are directed to surrender in the Court below within four weeks from the date of this order and in the event of their arrest or surrender, the Court below shall enlarge the above named petitioners on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Deoghar, in connection with P.C.R. Case No. 1242 of 2013 (arising out of Mohanpur P.S. Case No. 29 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Show cause dated 17.04.2017 submitted by Sanjay Kumar Singh No. III, SDJM, Civil Court, Deoghar reveals that pending hearing of this case, the case was transferred to the court of Smt. Anju Kumar, J.M., 1st Class, under the order of Principal District & Sessions Judge, Deoghar, on 14.02.2017, upon her joining on 13.02.2017, but it further reveals that on 27.05.2016, letter was sent to S.D.P.O., Deoghar vide Annexure-I and again on 03.10.2016, 07.12.2016, 17.03.2017 letter was sent to SDPO, but the required documents were not submitted. Under the said circumstances, let a show cause notice be issued to SDPO, Deoghar to appear before this Court and to submit a written show cause as to why a Departmental Proceeding be not initiated against him for the inaction on his part in delaying disposal of this case and almost took one year. The show cause must be submitted within 10 weeks. Further, Joint Registrar (Judicial) is also directed to hold an inquiry and submit a report to this Court as to why this matter was first listed on 18.05.2016, when notices were issued, but after a gap of six months thereafter, the case was listed on 28.11.2016. Report must be submitted within 10 weeks. List this case on 03.07.2017. Let a copy of order be sent to the trial court and also to the Superintendent of Police, Deoghar through 'FAX' to serve on Dy. Superintendent of Police, Deoghar for its transmission to the SDPO, Deoghar. Let a copy of order be also sent to the Joint Registrar (Judicial). (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4808 of 2016 Vivekanand Choudhary @ Vivekanand Chaudhary ….. Petitioner Versus The State of Jharkhand ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Pandey Niraj Rai, Advocate. For the State : A.P.P. --------- 03/Dated:
26. 04/2017 Petitioner is apprehending his arrest in connection with Koderma P.S. Case No. 197 of 2016, corresponding to G.R. No. 945 of 2016, registered under Sections 409, 420 of the I.P.C. The present case has been lodged on the basis of written report of the informant Salil Kishore Dubey, District Engineer, Zila Parishad, Koderma, addressed to the Officer- in-Charge, Koderma, alleging therein that the petitioner was posted on deputation during 2008-09 & 2009-10 as Junior Engineer in the office of District Engineer, Rural Works Department, Koderma. It is alleged that the petitioner was given advance of Rs. 2,12,48,000/- by Zila Parishad for execution of three schemes and the petitioner alleged to have been submitted measurement book showing work done Rs. 1,67,60,631/-. It is further alleged that in enquiry, it was found that about Rs. 44,87,369/- is recoverable from the petitioner, resultantly the petitioner deposited Rs. 5,17,400/- in the office of Zila Parishad. Referring to Annexure-4 to this application, counsel for the petitioner has submitted that the petitioner has deposited 1/3rd of the total recoverable amount of Rs. 15,52,200/- which comes to Rs. 5,17,400/-. The deposit made through 11 bank drafts along with covering letter dated 20.06.2016 was given to the District Engineer, Zila Parishad. Learned APP has vehemently opposed the prayer for anticipatory bail. Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The above named petitioner is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or -2- surrender, the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Koderma, in connection with Koderma P.S. Case No. 197 of 2016, corresponding to G.R. No. 945 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and subject to the further condition that one of the bailers shall be the Government Servant. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 189 of 2017 1.Prasadi Manjhi 2.Durga Prasad Tudu @ Durga Manjhi 3.Birendra Manjhi 4.Gudu Manjhi 5.Rajendra Manjhi 6.Jagan Manjhi @ Bangali Manjhi ….. Petitioners Versus The State of Jharkhand ….. Opp. Party WITH A.B.A. No. 1489 of 2017 Shyam Lal Manjhi ….. Petitioner Versus The State of Jharkhand ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. Dilip Kr. Chakraverty, Advocate. Mr. Amit Kumar, Advocate. For the State : A.P.P. --------- 04/Dated:
26. 04/2017 When the case is called out, learned counsel for the petitioners has submitted that in para-11 of the anticipatory bail application, he has made averment that Shyamlal Manjhi has been granted bail by the learned court below. This is incorrect. Sukhdeo Manjhi and Raghunath Manjhi have been granted regular bail by the court below. Averment made in para-11 may be read as Shyamal Manjhi has moved in A.B.A. No. 1489 of 2017. Petitioners are apprehending their arrest in connection with Balidih P.S. Case No. 104 of 2016, corresponding to G.R. No. 1174 of 2016, registered under Sections 341, 323, 379, 307, 506, 34 of the I.P.C. Learned counsel for the petitioners has submitted that the allegation against the petitioners are general and omnibus in nature and the injuries are simple in nature. Learned APP has submitted that there is direct allegation against Shyamlal Manjhi and Prasadi Manjhi. Be that as it may, in view of the nature of allegation, I am inclined to admit the petitioners on anticipatory bail. The above named petitioners is directed to surrender in the Court below within four weeks from the date of this order and in the event of their arrest or surrender, the Court below shall enlarge the above named petitioners on bail on -2- furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Bokaro, in connection with Balidih P.S. Case No. 104 of 2016, corresponding to G.R. No. 1174 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further on the date of surrender, petitioner Prasadi Manjhi (in A.B.A. No. 189 of 2017) and Shyam Lal Manjhi (in A.B.A. No. 1489 of 2017) shall deposit Rs. 20,000/- each in the court below. Further, on deposition of the aforesaid amount, the court below will issue notice to injured Harendra Prasad Das and other three injured namely Bishu Manjhi, Kailash Tudu and Govind Manjhi and on their appearance, the court below after proper verification shall release Rs. 20,000/- in favour of Harendra Prasad Das and Rs. 20,000/- (in equal proportion) in favour of Bishu Manjhi, Kailash Tudu and Govind Manjhi. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. xxxx of 2016 xxx ….. Petitioner Versus The State of Jharkhand ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. xxx, Advocate. For the State : A.P.P. --------- xx/Dated:
26. 04/2017 Petitioner is apprehending his arrest in connection with xxx P.S. Case No. xx of xx, corresponding to G.R. No. xx of xx, registered under Section xx of the I.P.C. It is submitted by learned counsel for the petitioner that xxxx. Learned APP has opposed the prayer for anticipatory bail. Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The above named petitioner is directed to surrender in the Court below within three weeks from the date of this order and in the event of his arrest or surrender, the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of xxxxxx, in connection with xxxxx P.S. Case No. xxx of xxxx, corresponding to G.R. No. xxxx of xxxx, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anant Bijay Singh, J.) Sunil/