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Jharkhand Court February 2013 Judgments

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Feb 05 2013

Mazhar Alam Vs. Dashrath Tiwary and ors

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 4783 of 2009 Mazhar Alam ....Petitioner Versus Raj Ratan Tiwari & others Respondents -------- Coram: THE HONBLE MR JUSTICE P.P. BHATT -------- /5.2.2013: As prayed for, put up this case on 7th of February, 2013. Till next date of listing, ad interim order passed earlier shall continue. . (P.P. Bhatt, J.) S.B....


Feb 05 2013

Anwaruyl Sk Alias Anwarul Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 666 of 2013 Anwarul Sk. @ Anwarul ... ... Petitioner Versus The State of Jharkhand ... ... ... Opposite Party --- CORAM : HON'BLE MRS. JUSTICE JAYA ROY For the Petitioner : Mr. P.P. N. Roy, Sr. Advocate Mr. P.A. N. Roy, 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 376, 302, 201 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R., even the person who is named in the F.I.R., there is no specific allegation against him only some suspicion. Learned counsel for the State has pointed out that it has come in the impugned order that after investigation sufficient materials has come against the petitioner and also against the Naim Sk. @ Lambu Sk. A number of witnesses have said that the present petitioner and Naim Sk. @...


Feb 05 2013

Kailash Yadav and anr Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Feb-05-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI B.A.No.73of2013 1.KailashYadav 2.SurendraYadav Petitioners Versus TheStateofJharkhand OppositeParty CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioners :Mr.RamLakhanYadav,Advocate FortheState :APP 02/05.02.2013 Heardlearnedcounselfortheparties. ThepetitionersareaccusedinacaseregisteredunderSections420 and406/34oftheIndianPenalCode. It reveals that a poklane machine was purchased under the partnershipagreementandtheregistrationofthevehiclewasinthenameof petitionerNo.1KailashYadav. Theoperationofthemachinewasgivenunder thecontrolofpetitionerNo.2SurendraYadavwhohappenstobethenephewof the informant. It is alleged that the petitioners have misappropriated the amountearnedfromplyingofthesaidpoklanemachine. Itissubmittedthatthisispurelyacivildisputebetweentheparties andiftheincomeofthepartnershipwasnotdistributedproperly,acivilsuitcan befiledfortheremedy. Learnedcounsel,appearing for the State opposedthe prayerfor bail. Considering the nature of the offence...


Feb 05 2013

Tulsi Pandit Vs. State of Jharkhand

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND RANCHI A. B. A. No. 4284 of 2012 Tulsi Pandit ... ...... Petitioner Versus The State of Jharkhand ... ... Opp. Party CORAM: THE HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. Afaque Ahmed For the Opp. Party : Ms. Anita Sinha, A.P.P. ........ 2/05.02.2013 Anticipatory bail application filed by petitioner Tulsi Pandit in connection with Bagodar P.S. Case No. 224 of 2012, NDPS Case No. 04 of 2012, pending in the court of learned Principal Sessions Judge, Giridih is moved by Sri Afaque Ahmed learned counsel for the petitioner and opposed by Ms. Anita Sinha, learned Additional PP. for the State. It is alleged that from the hotel of petitioner, 100 gms. of opium recovered. Under the said circumstance, I am not inclined to enlarge petitioner above named on anticipatory bail. Accordingly, his anticipatory bail application rejected. (Prashant Kumar, J.) Binit...


Feb 05 2013

Sanjib Bera Alias Sanjib Kumar Bera Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Feb-05-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI B.A.No.10443of2012 SanjibBera@SanjibKumarBera Petitioner Versus TheStateofJharkhand OppositeParty CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioner :Mr.NutanKumarSharma,Advocate FortheState :APP 03/05.02.2013 Heardlearnedcounselfortheparties. The petitioner is accusedin connection withChakuliya P.S.Case No.59of2012correspondingtoG.R.No.388of2012registeredunderSections 302/34oftheIndianPenalCodewhichispendingintheCourtofSriD.Kumar, learnedCivilJudge,JuniorDivisionatGhatshila. Asprayed,thisbailapplicationisdismissedaswithdrawn. (D.N.Upadhyay,J.) NKC...


Feb 05 2013

Suresh Yadav Vs. State of Jharkhand

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 136 of 2013 Suresh Yadav .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr.Deepak Kumar 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 Markachcho PS case No. 101 of 2012 for the offence registered under sections 302/201/34 of the Indian Penal Code. It is alleged in the fard beyan that daughter of the informant was found dead in her matrimonial home. It is disclosed that the deceased was subjected to torture and assault by the petitioner and other relatives of her husband. It is submitted that after rejection of bail, trial has commenced and altogether five witnesses have been examined till 16.1.2013 and none of them, including the informant, has supported the prosecution case. No direct evidence is available against this petitioner even in...


Feb 05 2013

Sanjay Yadav Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 642 of 2013 Sanjay Yadav ........... Petitioner -- Versus -- The State of Jharkhand ...... ......... Opposite Party ---- CORAM: HONBLE MRS. JUSTICE JAYA ROY ---- For the Petitioner : Mr. S.K. Murthy, Advocate For the State : A.P.P. ---- 2/ 05.02.2013 Heard the counsel for petitioner and counsel for the State. The petitioner is accused in this case registered under Sections 341, 323, 498/34 of the Indian Penal Code and Section 3/ 4 of the D.P. Act, pending in the court of Judicial Magistrate, Giridih. The counsel for the petitioner submits that the petitioner is husband and there is no specific allegation of any assault against the petitioner and all the allegation made against him are general in nature. It is also submitted that the petitioner is in custody from 15.10.2012 i.e. more than three months. Counsel for the State opposed but not disputed the period of custody of the petitioner. Considering the facts and circumstances of the cas...


Feb 05 2013

Debasish Chakravarty Alias Babun Chakravorty Vs. the State of Jharkhan ...

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 257 of 2013 Debasish Chakravarty @ Babun Chakravorty ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H. C. MISHRA For the Petitioner :Mr. Samir Kumar Lall For the State :A. P.P. ----- 03/05.02.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. Petitioner has been made accused for the offence under Section 376 of the Indian Penal Code, in connection with Musabani P.S. Case No. 54 of 2011, corresponding to G.R. No. 516 of 2011, S. T. No.191 of 2012. There is direct allegation against the petitioner to have committed rape upon female child aged about 6 years. Earlier, the prayer for bail of the petitioner was dismissed as withdrawn by order dated 09.11.2012 in B.A. No.7878 of 2012. In the facts and circumstances of the case, I am not inclined to release the petitioner Debasish Chakravarty @ Babun Chakravorty on bail. Accordingly, the prayer for bail of the petitio...


Feb 05 2013

Sajjad and anr Vs. Md.Taiyab

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND,RANCHI. W.P(C) No. 2876 of 2008 Sajjad &Anrs .............................................. Petitioners Versus Husna Ara &Ors . ...............................Respondents CORAM :- HONBLE MR. JUSTICE P.P.BHATT For the Petitioner : Mr. Anuj Kumar For the Respondent : Mr.S.K. Sharma .2/5.2.2013. The present petitioners by way of filing this writ petition under Article 227 of the Constitution of India have prayed for quashing the order 17.3.2008 and 23.4.2008 passed by the learned court of Sub-Judge-IV Giridih in Title Suit No. 86 of 2002 whereby the learned court has rejected the applications filed under order 1rule 10(2) of the Code of Civil Procedure. Heard the learned counsel appearing for the petitioners as well as the respondents. Perused the impugned order as well as other materials placed on record. On perusal of the impugned order it appears that the court below has considered the submissions made by the learned counsel appearing for the petitioners ...


Feb 05 2013

Ajay Oraon Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Feb-05-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 154 of 2013 Ajay Oraon ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H. C. MISHRA For the Petitioner :Mr. Arun Kr. Sinha For the State :A. P.P. ----- 04/05.02.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. Petitioner has been made accused for the offence under Sections 379, 414 of the Indian Penal Code, in connection with Pithoria P.S. Case No. 57 of 2012, corresponding to G.R. No. 3578 of 2012. From the F.I.R., it appears that one stolen motorcycle was recovered from the house of the petitioner which was allegedly sold to the petitioner by the other co-accused. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Ajay Oraon 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 Sri S. K...


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