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Jharkhand Court September 2012 Judgments

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Sep 01 2012

Dr Braj Kishore Singh Alias B K Singh Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6262 of 2012 --- Dr. Braj Kishore Singh alias Dr. B. K. Singh Petitioner Versus The State of Jharkhand Opposite Party --- CORAM : HON'BLE MR. JUSTICE ALOK SINGH --- For the Petitioner : Mr. Abhishek Sinha, Advocate For the Opposite Party : Mr. Richa Sanchita, A.P.P. --- 2/01.09.2012 Present application is moved seeking regular bail in connection with Hazaribagh Sadar P.S. Case No. 262 of 2002 corresponding to G.R. No. 1648 of 2002 registered under Sections 409 & 420 of the Indian Penal Code. As per the prosecution story, applicant while posted as Assistant Director, District Rural Development Aurhority, Hazaribagh, was entrusted with one cheque of Rs. 35,000/-, second cheque of Rs. 2,20,000/- and third cheque of Rs. 63,900/- to invest in poultry development. After inspection of the accounts book, it was discovered that applicant had returned 35,000/- only and has not accounted for balance of the amount. Thereafter, the alleged F.I.R. w...


Sep 01 2012

Murat Rai Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI --- A.B.A. No. 2462 of 2012 --- Murat Rai ... ... ... ... ... ... Petitioner --Versus-- State of Jharkhand & Anr. ... ... ... Opp. Parties --- CORAM : HON'BLE MRS. JUSTICE JAYA ROY --- For the Petitioner : Mr. Arwind Kumar, Advocate For the State : A.P.P. --- 02/ 01.09.2012 Counsel for the petitioner is directed to add the complainant as opposite party No.2 in this case. Issue notice to the newly added opposite party No.2 by registered post with A/D as well as under ordinary process, for which requisites etc. must be filed within one week, failing which this application shall stand rejected without further reference to the Bench. Rule is made returnable in admission matter by six weeks. Police will not arrest the petitioner namely Murat Rai in connection with the present case (Complaint Case No.624 of 2011), pending in the court of Judicial Magistrate, 1st Class, Giridih, till 01st November, 2012. ( Jaya Roy, J.) SI/...


Sep 01 2012

Rosni Tudu Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.5584 of 2012 ------ Rosni Tudu . Petitioner -Versus- The State of Jharkhand ..... Opposite Party ------ CORAM : THE HONBLE MR. JUSTICE H.C.MISHRA ------ For the Petitioner : Mr.S.P.Roy, 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 Shikaripara P.S. Case No. 07 of 2012 corresponding to G.R No. 121 of 2012 for the offence under Sections 302, 201, 34 of the Indian Penal Code. From the F.I.R it appears that the case was instituted against unknown upon the recovery of the dead body of an unknown person. Subsequently, it transpired that the petitioner was having an affair with the deceased and she had committed the murder. Learned counsel for the petitioner has submitted that the petitioner has been falsely made an accused in this case only on the basis of suspicion and has accordingly prayed for bail. Learned counsel ...


Sep 01 2012

Hiraman Sah and anr Vs. State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2323 of 2012 Hiraman Prasad Sah @ Hiraman Sah and Anr. Petitioner(s) Versus The State of Jharkhand . Opp. Party. --- CORAM: HONBLE MR. JUSTICE P.P.BHATT --- For the petitioner(s) : Mr. Kanti Kr. Ojha, Adv. For the Opp. Party : Mr. Manoj Kumar No. 4, APP. --- Order No.2 Dated 01st September, 2012 The present petition has been filed under Sections 438 and 440 of the Code of Criminal Procedure seeking grant of anticipatory bail to the petitioners in connection with OCR Case No. 103/82 for the offenses punishable under Section 120B, 379, 109, 465, 466 and 471 of the Indian Penal Code, which is now pending in the Court of learned Judicial Magistrate, 1st Class, Sahebganj. Learned counsel for the State- APP seeks four weeks time to take further instruction in this matter. Time, as sought for, is granted. Put up this case after four weeks. In the meantime, no coercive steps shall be taken against the petitioners. (P.P. Bhatt, J.) Anu/-...


Sep 01 2012

Kartic Gupta Alias Kartik Sao and anr Vs. the State of Jharkhand and a ...

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2458 of 2012 --- 1.Kartic Gupta @ Kartik Sao 2.Savitry Devi @ Sarita Devi ... ... ... Petitioner --Versus-- 1.The State of Jharkhand 2.Smt. Rina Devi ... ... ... ... ... Opp. Parties --- CORAM : HON'BLE MRS. JUSTICE JAYA ROY --- For the Petitioners : Mr. Munna Lal Yadav, Advocate For the State : A.P.P. --- 02/ 01.09.2012 Heard the counsel for the petitioners and the counsel for the State. The petitioners are accused in this case registered under Section 498-A, 379, 307 of the I.P.C. and 3/ 4 of the D.P.Act. Counsel for the petitioner has submitted that though the complaint case has been lodged under the aforesaid sections but the court below has taken cognizance only under Section 498(A) of the I.P.C. against the petitioner. It is further submitted that the petitioner No.1 is the younger brother-in-law (Dewar) and the petitioner No.2 is sister-in-law (Dewarani). Considering the facts and circumstances of the case and also considering ...


Sep 01 2012

Jayanta Mishra Alias Jayanta Mishra Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6313 of 2012. --- Jayanta Mishra alias Jayanta Misra ... ... ... ... Petitioner Versus The State of Jharkhand ... ... ... ... ... ... Opposite Party. --- CORAM: HONBLE MR. JUSTICE ALOK SINGH --- For the Petitioner : Mr. S.P. Roy, Advocate. For the Opposite Party : Mrs. Rashmi Kumari, Additional Public Prosecutor. for the Informant : Mr. Chandrajit Mukherjee, Advocate. --- 02. 01.09.2012. Heard. Learned counsel for the petitioner vehemently argued that the offence is triable by the Magistrate. He has further submitted that after rejection of the temporary bail granted to the petitioner vide order dated 21.07.2012, the petitioner has surrendered before the learned court below on 3.8.2012 and is in judicial custody since then. Perusal of the order passed by the Principal Sessions Judge on 21.7.2012 would reveal that the learned Sessions Judge has tried to reconcile the matter between the wife and husband and when the husband has refused to...


Sep 01 2012

Sethi Alias Bikash Kumar Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6199 of 2012 Sethi @ Bikash 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

Mithun Das and anr Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2312 o1. Mithun Das @ Mithu Das 2. Dholi Devi . Petitioner(s) Versus The State of Jharkhand . Opp. Party. --- CORAM: HONBLE MR. JUSTICE P.P.BHATT --- For the petitioner(s) : Mr. Anil Kr.Sinha , Adv. For the Opp. Party : Mr. A.K. Pandey, 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 petitioners in connection with Jai Nagar P.S. Case No. 136/2011, corresponding to G.R. Case No. 1064 of 2011 for the alleged offence under sections 147, 148, 149, 323, 324, 379, 307 and 504 of the Indian Penal Code, which is pending in the court learned Civil Judge, (Jr. Division)-I, Koderma. Heard the learned counsel for the parties and perused the police papers. From perusal of FIR and another documents more particularly para 10 of the counter affidavit, filed by the Investigating Officer, prima facice, it appears that the...


Sep 01 2012

Dilip Kumar and ors Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 1886 of 2012 Dilip Kumar & Others .. Petitioners Versus The State of Jharkhand & Others .. Respondents ----- CORAM: HONBLE MR. JUSTICE NARENDRA NATH TIWARI ----- For the Petitioners - Mr. Devesh Krishna, Advocate For the State - Mr. J.C to G.P.V ----- 7/01.09.2012 In this writ petition, the petitioners have prayed for quashing the order dated 21.3.2012 (Annexure-9) passed by the Special Rationing Officer, Ranchi, whereby the petitioners' P.D.S licenses have been cancelled. The sole grievance of the petitioners is that the impugned order has been passed without giving any notice informing the reasons and without affording any opportunity to represent against the same. It has been submitted that the impugned order has been passed in violation of Rule 11 of the Bihar Trade Articles (License and Unification) Order, 1984 [hereinafter referred to as the said Order] as well as the principle of natural justice and is ab initio void. The im...


Sep 01 2012

Manoj Jaiswal Alias Manoj Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2460 of 2012 --- Manoj Jaiswal @ Manoj ... ... ... ... Petitioner --Versus-- The State of Jharkhand ... ... ... ... Opp. Parties --- CORAM : HON'BLE MRS. JUSTICE JAYA ROY --- For the Petitioner : Mr. Ranjan Kumar, 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 272, 273, 290 of the I.P.C. and 47(a) of the Excise Act, pending in the court of Chief Judicial Magistrate, Seraikella -Kharswan. Counsel for the petitioner has submitted that there is no specific allegation against him and the persons who were arrested at the spot has mentioned the name of the petitioner. It is also contended that neither the petitioner was present there nor anything was recovered from the house of the petitioner. Counsel for the State has opposed but not disputed the submissions made by the counsel for the petitioner. Conside...


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