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Jharkhand Court February 2013 Judgments

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Feb 05 2013

Sri Vikas Kumar Ojha Vs. the State of Jharkhand and anr

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI Cr. M. P. No. 1470 of 2012 with Cr. M. P. No. 1327 of 2011 Vikash Kumar Ojha ..... Petitioner(s) [Cr. M. P. No. 1470 of 2012] Sri Vinay Kumar Choubey & Anr. .... Petitioner(s) [Cr. M. P. No. 1327 of 2011] Versus The State of Jharkhand & Anr. . Opp. Party(s) CORAM: HONBLE MR. JUSTICE R. R. PRASAD For the Petitioner(s) : Mr. Sachin Kumar, Advocate. For the O.P. No.2 : Mr. Shailesh, Advocate. ----- 10 /05.02.2013. Mr. Shailesh, learned counsel appearing for the opposite Party No.2 submits that since supplementary affidavit has been filed, wherein, certain documents have been annexed, he needs to examine it and to file rejoinder, if it would be necessary and, therefore, the matter be posted after three weeks. As prayed for, list this case on 26.02.2013. Till then, interim orders passed in respective cases shall continue. (R. R. Prasad, J.) Sandeep/...


Feb 05 2013

Manik Chandra Mahato Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 114 of 2013 Manik Chandra Mahato .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr.Ranjan Kumar For the opposite party : Addl.P.P. 05.02.2013 Heard learned counsel for the petitioner and the learned counsel for the State. It is alleged in the FIR that the petitioner committed rape on the complainant while she was returning home after serving meal to her husband. It is submitted that this case has been lodged only because the petitioner did not agree to oblige the informant and he did not appear in the panchayati. She never raised alarms, nor reported immediately to the police. Learned counsel for the State has opposed the prayer. Since there is direct allegation against the petitioner that he committed rape on the informant, I do not feel inclined to grant bail to the petitioner in connection with Chowka PS case no. 53 of 2012 pending in the court of learne...


Feb 05 2013

Hari Lal Mandal Alias Hari Mandal and anr Vs. State of Jharkhand

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 377 o1. Hari Lal Mandal @ Hari Mandal 2. Baidho Mandal @ Baidhnath Mandal ... Petitioners Versus The State of Jharkhand ... ... ... Opposite Party --- CORAM : HON'BLE MRS. JUSTICE JAYA ROY For the Petitioners : Mr. Gautam Kumar, Advocate For the State : A. P. P. 03/05.02.2013 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are an accused in a case for the offence registered under Sections 143, 341, 323, 504 of the Indian Penal Code thereafter, Section 302 of the Indian Penal Code is added. Learned counsel for the petitioners has submitted that allegation against the petitioners is that both the petitioners along with four other persons have assaulted the victim. Learned counsel for the petitioners has further submitted that the other co-accused, namely, Sanjay Mandal, Jatan Mandal and Nayan Mandal, who are standing on the similar footing with the present petitioners have been granted bail by anot...


Feb 05 2013

Awani Kant Srivastav Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI Cr. M. P. No. 2652 of 2012 Awani Kant Srivastav ..... Petitioner(s) Versus 1.The State of Jharkhand 2.Maheshwari Prasad Sharma . Opp. Party(s) CORAM: HONBLE MR. JUSTICE R. R. PRASAD For the Petitioner(s) : Mr. S. Piprawal, Advocate. For the State : Mr. Suchendra Prasad, A.P.P. ----- 03 /05.02.2013. Let the opposite Party No.3 be deleted from the memo of petition. Issue notice to the opposite party No.2 to show cause as to why this application be not admitted and /or if possible be disposed of, at the stage of admission itself, for which requisites etc., under Registered cover AD must be filed within a week. Until further order no coercive action shall be taken against the petitioner-Awani Kant Srivastav, in connection with Complaint Case being C /1 case No.773 of 2006, pending in the court of learned Judicial Magistrate [Shri B. Bhagat], 1st Class, Jamshedpur or its successor court. (R. R. Prasad, J.) Sandeep/...


Feb 05 2013

Sethi Alias Bikaash Kumar Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A.No.91 of 2013 Sethi @ Bikash Kumar @ Sethi Bikash Kumar. ... ...Petitioner -Versus- The State of Jharkhand. ... ... ...Opp. Party ---------- CORAM: THE HONBLE MR. JUSTICE D.N.UPADHYAY For the Petitioner: Mr. Ranjan Kumar, Advocate. For the State: A.P.P. ---------- 02/ 05.02.2013 The petitioner is an accused in a case registered under Sections 25(1- b)a/26/35 of the Arms Act. It reveals that the informant proceeded for investigation in connection with Adityapur (R.I.T.) P.S. Case No.222 of 2012 in which accused Jitendra Sharma and others were named. On way, considering suspicious activity of some of the accused they were chased and Jitendra Sharma and Sanup Singh were apprehended by the police. On search, they were found in possession of live cartridges. The apprehended accused disclosed the name of present petitioner, who was also involved in the earlier case No.221 of 2012. It is submitted that the petitioner was neither apprehended on the ...


Feb 05 2013

Manir Ansari Vs. Lal Krishna Nath Sahdeo and ors

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 3144 of 2012 Manir Ansari ....Petitioner Versus Lal Krishna Nath Sahdeo & others Respondents -------- Coram: THE HONBLE MR JUSTICE P.P. BHATT -------- For the Petitioner : Mr. Kundan Kumar Ambastha, Advocate For the Respondents : Mr. A.K. Sahani, Advocate /5.2.2013: Petitioner, by way of filing the present writ petition, under Article 227 of the Constitution of India, has prayed for issuance of an appropriate writ/ order/ direction for quashing and setting aside of the order dated 6.1.2012 and 27.3.2012 both passed by the learned Munsif, Lohardaga in Title Suit No. 18 of 2007, whereby court-below refused to grant further time to adduce evidence and closed the evidence of the defendant-petitioner and further rejected the recall petition dated 17.2.2012 respectively. Heard the learned counsel for the petitioner as well as learned counsel for the respondents and perused the impugned orders and other material placed on record. On perusal...


Feb 05 2013

Bade Bhuinya Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 163 of 2013 Bade Bhuinya .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr.Kumar Nilesh For the opposite party : Addl.P.P. 05.02.2013 Heard learned counsel for the petitioner and the learned counsel for the State. Petitioner is accused in connection with Katras PS case No. 158 of 2012 for the offence registered under sections 147/148/149/323/302 of the Indian Penal Code. There is allegation in the FIR that the petitioner and his associates assaulted the brother and the father of the informant after which the father died. It is submitted that there was free fight between two groups of the villagers in which the petitioner also sustained injury and he lodged case against the informant party. Further more, co-accused Mahesh Bhuiyan has been granted bail vide BA No. 7766 of 2012. Learned counsel for the State has opposed the prayer. Since one of the co-accused ...


Feb 05 2013

Lakhan Yadav Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 565 of 2013 Lakhan Yadav ... ... Petitioner Versus The State of Jharkhand ... ... ... Opposite Party --- CORAM : HON'BLE MRS. JUSTICE JAYA ROY For the Petitioner : M/s Supriya Dayal, Advocate For the State : A. P. P. 02/05.02.2013 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in a case for the offence registered under Sections 414/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the other two co-accused, namely Pintu Yadav and Vikas Kumar Yadav have already been granted bail by another Bench of this Court in B.A. No. 77 of 2013 and B.A. No. 67 of 2013 vide order dated 17.01.2013. It is also submitted that the petitioner is in custody since 06.10.2012 i.e. nearly four months. Learned counsel for the State has opposed but he has not disputed the aforesaid contentions made by the counsel for the petitioner. Considering the aforesaid contentions mad...


Feb 05 2013

Guddu Jogi and Others Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A.No.43 o1. Guddu Jogi.2. Bhaglu Jogi.3. Nanku Jogi. ... ... ...Petitioners -Versus- The State of Jharkhand. ... ... ...Opp. Party ---------- CORAM: THE HONBLE MR. JUSTICE D.N.UPADHYAY For the Petitioners: Mr. S.K.Upadhyay, Advocate. For the State: A.P.P. ---------- 03/ 05.02.2013 The petitioners are accused in a case registered under Sections 419/420/379/411/34 of the Indian Penal Code. There is allegation against these petitioners that pretending them to be hermit, they took shelter in the house of the Complainant and also told that one of the hermits is none else but the missing son of the Complainant. The accused persons also demanded Rs. 2,00,000/- for organizing Bhandara ( Yagna) and assured that after performance of Bhandara son of the Complainant shall be freed. It is submitted that no money was realized from the Complainant. They had simply spent a night in the house. Articles recovered, belong to these petitioners. They are in Jail c...


Feb 05 2013

Md Nawab Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A.No. 72 of 2013 Pappu Singh. ... ... ...Petitioner -Versus- The State of Jharkhand. ... ... ...Opp. Party ---------- CORAM: THE HONBLE MR. JUSTICE D.N.UPADHYAY For the Petitioner: Mr. Gaurav Priyadershi, Advocate. For the State: A.P.P. ---------- 03/ 05.02.2013 The petitioner is an accused in a case registered under Sections 395/397 of the Indian Penal Code. It is a case of road robbery in which the informant and other passers by were looted by the miscreants on the point of pistol. During investigation, two looted motorcycles have been recovered from possession of this petitioner. It is submitted that other co-accused-Surendra Lohra @ Gudan from whose possession one looted motorcycle was recovered, has been granted bail on 7.12.2012 vide B.A.No. 8100 of 2012. The petitioner was neither put on T.I.P. nor named by any witness. He is in custody for last one year. At best he can be held liable for the offence punishable under Section 412 of the ...


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