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Jharkhand Court July 2013 Judgments

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Jul 25 2013

Sanju Linda Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jul-25-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI B.A.No.5621of2013 SanjuLinda@SanjayLinda@Sanju Petitioner Versus TheStateofJharkhand OppositeParty CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioner :Mr.PratiushLala,Advocate FortheState :A.P .P. 02/25.07.2013 Heardlearnedcounselfortheparties. ThepetitionerisaccusedinconnectionwithS.T.CaseNo.653of2012 arising out of Chutia P.S. Case No.107 of 2012 corresponding to G.R. Case No.2644of2012,pendingintheCourtofSmt.SeemaSinha,learnedA.J.C.III (F.T.C.)(C.A.W.),Ranchi. Itappearsthatthereisdirectallegationagainstthispetitionerthathehas committedrapeonminordaughteroftheinformant. Itissubmittedthatthemedicalreportdoesnotsupportthecontentionof theinformant.Ifaminorgirlagedabout1112yearsisravished,themedical reportwillindicate. LearnedcounselappearingfortheStateopposedtheprayerforbail. Sinceagirlagedbelow12yearshasbeensubjectedtorape,Idonotfeel inclinedtoreleasethepetitioneronbail.Accordingly,theprayerforbailmade onbehalfofabovenamedpetitionerstandsrejected.How...


Jul 25 2013

Sammukh Yadav and ors Vs. State of Jharkhand

Court: Jharkhand

Decided on: Jul-25-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 966 of 2012 ------- Sammukh Yadav & Ors. . Petitioners -Versus- The State of Jharkhand ..... Opposite Party ------- CORAM : HONBLE MR. JUSTICE H.C.MISHRA ------ For the Petitioners : : M/s. Rajni Kant Ojha For the Opposite Party : : M/s. A.P.P. ------- 03/ 25.07.2013 Heard learned counsel for the petitioners and learned counsel for the State.2. The petitioners are aggrieved by the order dated 29.8.2012 passed by the learned Sessions Judge, Chatra, in S.T. No. 48 of 2012, whereby the application filed by the petitioners under Sections 227 and 228 of the Cr.P.C., for discharge, making the alternative prayer that in the facts of this case the offence under Section 307 of the Indian Penal Code was not made out, has been rejected by the Court below.3. The petitioners have been made accused in Pratappur P.S. Case No. 63 of 2011, corresponding to G.R. No. 763 of 2011, for the offence under sections 323, 494, 498(A), 120(B), 307 / 34 of the...


Jul 25 2013

Santosh Kumar Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jul-25-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI B.A.No.5620of2013 SantoshKumar Petitioner Versus TheStateofJharkhand OppositeParty CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioner :Mr.UmeshKumarChoubey,Advocate FortheState :A.P .P. 02/25.07.2013 Heardlearnedcounselfortheparties. It reveals that petitioner has been prosecuted for causing torture and treatingtheinformantwithcrueltyforwantofmoredowry. Itisalsoalleged that the informant was subjected to assault by the petitioner while she was pregnant. Itissubmittedthatthiscasehasbeenlodgedbecausepetitionerhadgone toDelhitoworkandhewasnotinapositiontokeepthecomplainantwithhim atDelhi.Heisincustodysincelastfourmonths. LearnedcounselappearingfortheStateopposedtheprayerforbail. Considering matrimonial nature of the offence as well as period of detention of petitioner in custody, he is directed to be released on bail on furnishingbailbondofRs.10,000/(RupeesTenThousand)withtwosuretiesof thelikeamounteachtothesatisfactionoftheCourtofMiss.DivyaMishra, lear...


Jul 25 2013

Bijay Kumar Singh Vs. State of Jharkhand and anr

Court: Jharkhand

Decided on: Jul-25-2013

In the High Court of Jharkhand at Ranchi Cr.M.P. No.1113 of 2010 Bijay Kumar Singh .....................Petitioner VERSUS State of Jharkhand and another..Opposite Parties CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioner:Mr. Krishna Murari For the State :5. 25.07.13 I.A.No.4957 of 2013 Heard learned counsel appearing for the petitioner on an interlocutory application bearing no.4957 of 2013. Learned counsel appearing for the petitioner submits that earlier an application was filed for quashing of the order taking cognizance but while the matter was pending, charges have been framed and those orders have been challenged by way of interlocutory application and therefore, the said prayer be allowed to be incorporated in the main application. The prayer made in the interlocutory application is hereby allowed. Let the interlocutory application form part of the main application. Cr.M.P. No.1113 of 2010 Issue notice to the opposite party no.2 to show cause as to why this application be ...


Jul 25 2013

Jamila Khatoon Alias Jamila Bibi Vs. State of Jharkhand

Court: Jharkhand

Decided on: Jul-25-2013

IN THE HIGH COURT OF JHARKHAND RANCHI A. B. A. No. 1905 of 2013 Jamila Khatoon @ Jamila Bibi ... ... ... Petitioner Versus The State of Jharkhand ... ... ... ... Opp. Party CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. Prabir Kr. Chatterjee For the State : Mr. Anand Kr. Pandey, A.P.P. For the Informant Mr. A.K. Sahani ........ 6/25.07.2013 Anticipatory bail application filed by Jamila Khatoon @ Jamila Bibi is moved by Sri Prabir Kr. Chatterjee, learned counsel for the petitioner and opposed by Sri A.K. Sahani, learned counsel for the informant. Petitioner is mother-in-law of informant. No specific overt act alleged against her. Considering the aforesaid facts and circumstance, I allow this anticipatory bail application and direct the petitioner to surrender in the court below on or before 12 of August 2013 and in the event of her surrender, the learned court below is directed to enlarge her on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) w...


Jul 25 2013

Satish Kumar Singh Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jul-25-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6821 of 2013 Satish Kumar Singh ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Prabhat Kr. Sinha For the State : A. P.P. ----- 2/25.7.2013 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Sections 414/120B of the Indian Penal Code and under Section 33 of the Indian Forest Act, in connection with Katkamsandi P.S. Case No.30 of 1998, corresponding to G.R. No.455 of 1998. From the FIR, it appears that the petitioner is alleged to be involved with illegal transaction of khair wood stolen from the forest. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Satish Kumar Singh 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 s...


Jul 25 2013

Ajay Mahto and Others Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jul-25-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6811 o1. Ajay Mahto 2. Thanu Mahto @ Dhirendra Mahto 3. Magha Mahto @ Madheshwar Mahto @ Megha Mahto 4. Chhotelal Mahto @ Jainandan Mahto ..... Petitioners Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioners : Mr. Prabhat Kumar Sinha For the State : A. P.P. ----- 2/25.7.2013 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners have been made accused for the offence under Sections 414/147/148/149/323/337/504/353/224/225/379 of the Indian Penal Code, under Section 30(ii) of the Coal Mines Act and under Section 33 of the Indian Forest Act, in connection with Ramgarh P.S. Case No.22 of 2013, corresponding to G.R. No.319 of 2013. It is alleged that a mob of hundreds of people forcibly freed the tractor apprehended with illegal coal. In the facts and circumstances of the case, I am inclined to release the petitioners on bail. Accordingly, the petitioners A...


Jul 25 2013

Santosh Prasad Kashyap and Others Vs. the State of Jharkhand and Ohter ...

Court: Jharkhand

Decided on: Jul-25-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI Cont.Case(Civil)No.868of2012 SantoshPrasasdKashyap&Ors. .......Petitioner Versus TheStateofJharkhandandors. ......Opp.Parties CORAM:HONBLETHECHIEFJUSTICE HONBLEMR.JUSTICEP .P.BHATT .... ForthePetitioner :Mr.AshokKumarJha,Adv. FortheState : JCtoAAG Orderno.06 Dated25th July,2013 1. Learnedcounselforthepetitionerwantstoplaceonrecord certainphotographstoshowthattherearestillencroachmentonthe road.2. Thepetitionermaydosobyfilingthephotographsalongwith affidavit,sothattherespondentStatemayadequatelyreply.3. Postthismatterafterthreeweeks. (PrakashTatia,C.J.) (P.P.Bhatt,J) G.Jha/...


Jul 25 2013

Pradeep Kumar Kalbelia Vs. the Assistant Commissioner of Income Tax an ...

Court: Jharkhand

Decided on: Jul-25-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI C.M.PNo.203of2013 PradeepKumarKalbelia Vs. TheAssistantCommissionerofIncomeTax,Patna&Ors. CORAM: HON'BLETHECHIEFJUSTICE HON'BLEMRS.JUSTICEJAYAROY FortheAppellant/Petitioner:JCtoMr.N.K.Pasari FortheRespondents:Mr.D.Roshan Dated25 th July,2013 Heardlearnedcounselfortheparties. Inviewofthereasonsstatedintheapplication,thisC.M.Pis allowedandT.ANo.28/2010isrestoredtoitsoriginalnumber. (Prakash Tatia, C.J.) (Jaya Roy, J.) dey...


Jul 25 2013

Mahadeo Sao Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jul-25-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 1877 of 2013. ----- Mahadeo Sao Petitioner. Versus The State of Jharkhand Opposite Party. ..... Coram : The Hon'ble Mr. Justice Prashant Kumar. ----- For the Petitioner : Sri H.K.Shikarwar For the State : Sri G.S.Prasad, A.P.P. ----- 03/25.07.2013. Anticipatory bail application filed by Mahadeo Sao is moved by Sri H.K.Shikarwar, learned counsel for the petitioner and opposed by Sri G.S.Prasad, Addl.P.P. for the State. It appears that 17 quintals of coal recovered from the bus bearing registration no. BR17P 8755.It is submitted that petitioner has no concern with the bus in question. It is further submitted that petitioner implicated this case merely on the basis of confessional statement of co- accused. Considering the aforesaid fact and circumstance, I allow this application and direct the petitioner, named above, to surrender in the court below by 05/08/2013. If petitioner surrenders by that time, the court below is directed to enlar...


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