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Jharkhand Court September 2012 Judgments

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Sep 01 2012

indra Narayan Jha Vs. the State of Jharkhand and anr

Court: Jharkhand

Decided on: Sep-01-2012

INTHEHIGHCOURTOFJHARKHANDATRANCHI A.B.A.No.1989of2012 IndraNarayanJha. ... ... ... ...Petitioner Versus 1. The State of Jharkhand.2. Ashok Kumar Singh. ... ... ... ...Opp. Parties ---------- CORAM: THE HON'BLE MR. JUSTICE D.N.UPADHYAY. ForthePetitioner: Mr.V .K.Tiwary,Advocate. FortheState: A.P.P. 05/ 01.09.2012 It reveals from the written report that a Truck bearing registration not RJ05G-2325 loaded with 9.78 M.T. of coal was intercepted by the police. On verification, the genuineness of the documents were suspected and the instant case was registered. It is submitted that the petitioner is the Senior Manager in the Colliery from where coal was despatched and he has signed the Challan for transportation of coal. On verification, the Challan was found genuine but he has been made accused only because certain columns were not filled up. No case as alleged under Section is made out. Learned Counsel for the State has opposed the prayer. In the facts and circumstances of the case, coupled...


Sep 01 2012

Bullet Ram Alias Bishal Ram Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

INTHEHIGHCOURTOFJHARKHANDATRANCHI B.A.No.6447of2012 BulletRam@BishalRam Petitioner Versus TheStateofJharkhand OppositeParty ----- CORAM: HONBLEMR.JUSTICEALOKSINGH ----- ForthePetitioner :Mr.RajaRaviShekharSingh,Advocate FortheState :Mr.AmreshKumar,A.P.P. 02/01.09.2012 Presentapplicationismovedseekingregularbailinconnectionwith Gomia P.S. Case No. 85 of 2012 corresponding to G.R. No. 484 of 2012 registeredunderSections363/366(A)oftheIndianPenalCode. Inthemedicalexamination,ageoftheprosecutrixwasfoundtobe 1718years.HerstatementwasrecordedunderSection164Cr.P.C.bythe JudicialMagistrate. PerusalofthestatementrecordedunderSection164Cr.P.C.reveals thatsheherselfhadgonewiththe accusedandhadstayedwithhim.She claimstobemarriedwiththeaccused. Consideringthetotalityofthefactsandcircumstancesofthecase,I directthatletpetitionerbereleasedonbailonfurnishingpersonalbondand twosuretiestothesatisfactionofthelearnedJudicialMagistrate,1st Class, Bermo at Tenughat, in connection with Gomia P.S. Case No. 85 ...


Sep 01 2012

Bindeshwari Prasad Mahto Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2469 of 2012 --- Bindeshwari Prasad Mahato ... ... ... Petitioner --Versus-- The State of Jharkhand ... ... ... ... Opp. Party --- CORAM : HON'BLE MRS. JUSTICE JAYA ROY --- For the Petitioner : Mr. Naresh Prasad Thakur, Advocate For the State : A.P.P. --- 02/ 01.09.2012 Heard the counsel for the petitioner and the counsel for the State. The petitioner is accused in this case registered under Sections 413, 414, 420 and 34 of the I.P.C. and Section 33 of the Indian Forest Act, pending in the court of Addl. Chief Judicial Magistrate, Bermo at Tenughat. Counsel for the petitioner has submitted that admittedly he is the owner of the truck in question. He has also submitted that the allegation in the F.I.R. is that the truck in question was having genuine paper only for approximately 25 tonnes of coal, but it was found in the said truck carrying 31.44 tonnes of the coal. Thus, only six tonnes extra coal was loaded in the said truck for whic...


Sep 01 2012

Rukamni Devi Alias Rukmani Devi Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2316 of 2012 Rukmani Devi @ Rukmini Devi. Petitioner(s) Versus The State of Jharkhand . Opp. Party. --- CORAM: HONBLE MR. JUSTICE P.P.BHATT --- For the petitioner(s) : Mr. Swapan Kr. Samanta, Adv. For the Opp. Party : Mr. T.N. Verma, APP. --- Order No.2 Dated 01st September, 2012 The present petition has been filed under Section 438 and 440 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioner in connection with Giridih (M) P.S. Case No. 271 of 2011, corresponding to G.R. Case No. 2115 of 2011 for the alleged office under Section 302/34 of the Indian Penal Code, now pending in the court learned SDJM, Giridih. Heard the learned counsel for the parties and perused the police papers. From perusal of papers more particularly looking to the role attributed to the present petitioner, which can be seen from the statement of the independent witness, Rinki Kumari Sao and also considering the fact that there is no c...


Sep 01 2012

Dilip Kumar Singh Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6287 of 2012 Dilip Kumar Singh ... Petitioner. Versus The State of Jharkhand ... Opp. Party. CORAM: - HONBLE MR. JUSTICE ALOK SINGH ------------- For the Petitioner(s) : Mr. A.K. Kashyap Sr. Advocate M/s Ravi Prakash & Awanish Shekhar, Adv. For the State : Mr. Moti Gope, A.P.P. 02/01.09.2012: Learned counsel for the petitioner submits that petitioner has been implicated in the present case on the basis of confessional statement made by the co-accused, namely, Manoj Bhuiyan. He further submits that the confessional statement made by co-accused cannot be made basis for conviction of the accused applicant. He further contends that battery recovered from the house of the petitioner, belongs to the father of the petitioner and father of the petitioner has already moved an application for release of the battery in question before the Magistrate. He further contends that the petitioner is in judicial custody since 19.06.2012. Considering the t...


Sep 01 2012

Sibu Sahu Alias Shibu Sahu Vs. State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.5766 of 2012 ------ Sibu Sahu @ Shibu Sahu . Petitioner -Versus- The State of Jharkhand ..... Opposite Party ------ CORAM : THE HONBLE MR. JUSTICE H.C.MISHRA ------ For the Petitioner : Mr.R.S.Mazumdar, Sr. Advocate. For the State : A.P.P. ------ 3/ 01.09.2012 Heard learned counsel for the petitioner and the learned counsel for the State. The petitioner has been made accused in Kanke P.S. Case No. 53 of 2012 corresponding to G.R No. 2110 of 2012, S.T Case No. 469 of 2012 for the offence under Section 302 of the Indian Penal Code. There is direct allegation against the petitioner to have assaulted the deceased by spade, causing his death. In the facts of this case, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner, Sibu Sahu @ Shibu Sahu is, hereby, rejected. (H.C.Mishra, J.) B.S/...


Sep 01 2012

Bullu Sk Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.5587 of 2012 ------ Bullu Sk. . Petitioner -Versus- The State of Jharkhand ..... Opposite Party ------ CORAM : THE HONBLE MR. JUSTICE H.C.MISHRA ------ For the Petitioner : Mr.Md.Asadul Haque, Advocate. For the State : A.P.P. ------ 4/ 01.09.2012 Heard learned counsel for the petitioner and the learned counsel for the State. The petitioner has been made accused in Barharwa P.S. Case No. 47 of 2012 corresponding to G.R No. 188 of 2012 for the offence under Sections 489 A, 489 B, 489 C, 489 D, 489 E and 120 B of the Indian Penal Code. From the F.I.R, it appears that three counterfeit currency notes of Rs. 500/- were recovered from the petitioner. In the facts of this case, I am inclined to release the petitioner on bail. Accordingly, the petitioner, Bullu Sk. is directed to be released 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 learned S.D.J.M., Rajm...


Sep 01 2012

Routi Alias Routi Kumar Alias Vinay Kumar Vs. State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6192 of 2012 Routi @ Routi Kumar @ Vinay Kumar Petitioner Versus The State of Jharkhand Opp. Party ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioner : Mr. Ananda Sen, Advocate For the State : A.P.P. ----- 2/01.09.2012 Heard learned counsel appearing for the petitioner and learned A.P.P. appearing for the State. The petitioner is an accused in a case instituted under Sections 341/323/379/34 of Indian Penal Code. Regard being had to the nature of allegation, let the above- named petitioner be released on bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Seraikella Kharswan in connection with Adityapur (R.I.T.) P.S. Case No. 316 of 2011 arising out of G.R. No. 1023 of 2011. (R.R. Prasad, J.) AKT...


Sep 01 2012

Manishal Murmu Vs. State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

CRIMINAL APPEAL NO. 288 OF 200.WITH CRIMINAL APPEAL NO. 61 OF 200.------- ( Against the judgment of conviction and order of sentence dated 21.12.2002 passed by 4th Additional Sessions Judge, Dumka in Sessions Case no. 19 of 2001).1. Manishal Murmu Appellant in Cr.Appeal No.288/2003.1. Kirani Hembram 2. Surendra Murmu Appellants in Cr. Appeal No. 61/2003 Versus State of Jharkhand. . . . . Respondents in both cases. ------- For the Appellants : Mr. Arbind Kumar For the Respondents : Mr. Ravi Prakash,APP PRESENT HONBLE MR.JUSTICE D.N.PATEL HONBLE MR. JUSTICE PRASHANT KUMAR. -------- Per Prashant Kumar,J.These appeals are directed against the judgment of conviction and order of sentence dated 21.12.2002 passed by 4th Additional Sessions Judge, Dumka in Sessions Case no.19 of 2001, whereby and whereunder he convicted the appellants under section 302/34 of the I.P.C. and also under section 201 of the I.P.C. and sentenced them to undergo imprisonment for live for the offence under section 302...


Sep 01 2012

Md Nayeem and ors Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6254 of 2012 --- 1.Md. Nayeem 2.Md. Tahir 3.Bibi Jahida 4.Najbuddin alias Nejmuddin Petitioners Versus The State of Jharkhand Opposite Party --- CORAM : HON'BLE MR. JUSTICE ALOK SINGH --- For the Petitioners : Mr. Manoj Kumar Jha, Advocate For the Opposite Party : Mr. Laxmi Murmu, A.P.P. --- 2/01.09.2012 Present application is moved seeking regular bail in connection with Mahagama P.S. Case No. 94 of 2011 corresponding to G.R. No. 693 of 2011 registered under Sections 147, 149, 341, 323, 504, 452 & 380 of the Indian Penal Code. Present accused is facing trial for committing the murder of brother of the informant i.e. Sessions Case No. 329 of 2010. In the sessions trial, applicant was released on bail. After coming out on bail, applicant threatened the applicant to withdraw the case of the murder of his brother and on denial has assaulted the complainant and has looted the household articles of the complainant. After investigation, char...


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