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Jharkhand Court August 2013 Judgments

Aug 31 2013

Mahendra Khatik Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI. B.A. No. 6612 of 2013 Mahendra Khatik Petitioner -V e r s u s- The State of Jharkhand ... Opposite Party CORAM: - HONBLE MR. JUSTICE P.P. BHATT For the Petitioner : - Mr. Shailesh, Advocate. For the State : - A.P.P. 3/31.08.2013 The present bail application is filed under Sections 439 and 440 of the Code of Criminal Procedure seeking bail in connection with Dhanbad Bank More P.S. Case No. 776 of 2011 (G.R. No. 3170 of 2011) for the alleged offence punishable under Sections 147, 148, 149, 452, 323, 324, 307 of the of the Indian Penal Code, now pending in the Court of learned Chief Judicial Magistrate, Dhanbad. Heard the learned counsel for the petitioner as well as learned APP appearing on behalf of the State. Perused the F.I.R. and other papers annexed to the application. It appears that the co-accused have been granted bail as per the order passed in B.A. No.1765 of 2013 and B.A. No.10408 of 2012 by this Court vide orders dated 8.12.2011 and 4...

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Aug 31 2013

Harun Rashid Vs. District Administration

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 4497 of 2012 Lakshman Ram .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P.(S). No. 4314 of 2012 Sanjay Kumar Mehta .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P.(S). No. 4340 of 2012 Gyani Yadav .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P.(S). No. 4344 of 2012 Raj Kumar Ram .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P.(S). No. 4345 of 2012 Imtiyaz Ahmad .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P.(S). No. 4349 of 2012 Ram Krishna Pandey .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P.(S). No. 4350 of 2012 Md. Mojammil .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P.(S). No. 4353 of 2012 Sanjay Kumar Singh .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P....

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Aug 31 2013

Sudhan Rawani Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI B.A.No.6662of2013 SadhanKumarRawani@SadhanRawani Petitioner Versus TheStateofJharkhand OppositeParty CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioner :Mr.BinodanandTiwary,Advocate FortheState :A.P .P. 02/31.08.2013 Heardlearnedcounselfortheparties. ThepetitionerisaccusedinconnectionwithRajganjP.S.CaseNo.44of 2013correspondingtoG.R.CaseNo.2211of2013,pendingintheCourtofSri SantoshKumarnot II,learnedJudicialMagistrate,Dhanbad. ItrevealsfromtheF.I.R.thaton03.12.2012intheeveningwhenthe informanthadgonetoanswerthecallofnature,theaccused,whowashiding inthebamboobush,cameout,pouncedontheinformantandcommittedrape onher. Theinformantdisclosedtheincidenttohermotherafterwhichthey wenttothe house of petitionerandon being assuredbythe parentsof the petitionerthatmarriagebetweenthevictimandpetitionerwouldbesolemnized induecourse,theinformantandhermotherdidnotlodgetheinformationwith thepolice.Lastly,whenthepetitionerandhisfamilymembersthreatenedand refusedtomarry,...

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Aug 31 2013

Bappa Chatterjee Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI. B.A. No. 6578 of 2013 Bappa Chatterjee Petitioner -V e r s u s- The State of Jharkhand ... Opposite Party CORAM: - HONBLE MR. JUSTICE P.P. BHATT For the Petitioner : - Mr. Ashim Kr. Sahani, Advocate. For the State : - A.P.P. 2/31.08.2013 The present bail application is filed under Sections 439 and 440 of the Code of Criminal Procedure seeking bail in connection with Adityapur P.S. Case No.62 of 2013 dated 23.08.2013 (G.R. No. 264 of 2013) for the alleged offence punishable under Section 395 of the Indian Penal Code, now pending in the Court of learned Chief Judicial Magistrate, Seraikella. Heard the learned counsel for the petitioner as well as learned APP appearing on behalf of the State Perused the F.I.R. and other papers annexed to the application. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the alleged crime. It is further submitted that the petitioner was arrested on the basis of the ...

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Aug 31 2013

Bilash Mahato and anr Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI B.A.No.6675of2013 1.BilashMahato 2.ManikMahato@ManikChandraMahato Petitioners Versus TheStateofJharkhand OppositeParty CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioners :Mr.NisithKr.Sahani,Advocate FortheState :A.P .P. 02/31.08.2013 Heardlearnedcounselfortheparties. Itrevealsfromthewrittenreportthatonthepointofremovingthecot fromtheroadsomealtercationtookplacebetweentheaccusedpersonsandthe informant. Itisallegedthatinformantwassubjectedtoassaultbymeansof lathibyaccusedSubhashMahatowhilethesetwopetitionersinflictedinjuryby bricksandstones. Itissubmittedthatnocaseu/s307I.P.C.ismadeout. Thepetitioners werenotarmedwithanyweapon.Thepeltingofstonestookplaceincourseof scufflebetweentheinformantpartyandtheaccusedpersons. LearnedcounselappearingfortheStateopposedtheprayerforbail. Considering the facts and circumstances, above named petitioners are directedtobereleasedonbailonfurnishingbailbondofRs.10,000/(Rupees Ten Thousand) each with two sureties of the l...

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Aug 31 2013

Sunimoy Bhattacharjee Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 6461 of 2010 --- Sunimoy Bhattacharjee --- --- ---- Petitioner Versus The State of Jharkhand through the Secretary, Department of Food Supply and Commerce, Government of Jharkhand & others --- --- --- Respondents --- CORAM: The Honble Mr. Justice Aparesh Kumar Singh For the Petitioner: Mr. Sanjay Kr. Dwivedi, Advocate For the State: Mr. A. Allam, Sr. SC-II For the Respondent No. 3: Mr. Suresh Kumar, Advocate For the State of Bihar: Mr. S.P. Roy, GA, Bihar --- 07/ 31.08.2013 Heard counsel for the parties.2. The petitioner is seeking quashing of part of the notification no. PPO No. GMLCSP057 and GPO No. 1395/2010 dated 11th November 2010, whereby an amount of Rs. 2,02,805/- has been adjusted from the Head of Gratuity against the pensionery dues of the petitioner. Petitioner has also also made a prayer for commanding upon the respondents to count the period of his services under the Bihar State Food and Civil Supplies Corporation Ltd i...

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Aug 31 2013

Rajendra Bhuian Alias Raju Bhuian Alias Rajendra Kumar Bhuian Vs. Stat ...

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6485 of 2013 Rajendra Bhuian @ Raju Bhuian @ Rajendra Kumar Bhuian. ........ Petitioner Versus The State of Jharkhand ...... Opp. Party --- CORAM: HONBLE MR. JUSTICE P.P.BHATT For the Petitioner : Mr. Tarun Kumar, Adv. For the Opp. Party : A.P.P. - -- 02/31.08.2013 The present bail application is filed under Sections 439 and 440 of the Code of Criminal Procedure seeking bail in connection with Dandai P.S. Case No. 06 of 2012 (G.R. No. 298 of 2012) for the alleged offence punishable under Sections 366(A)/34 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate, Garhwa. Heard the learned counsel for the petitioner as well as learned APP appearing on behalf of the State and perused the F.I.R. and other papers annexed to the application. Learned counsel for the petitioner submitted that the present petitioner, who is in jail custody since 26.2.2012, has committed no offence as alleged in the FIR and he has falsely be...

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Aug 31 2013

Subodh Saw Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI B.A.No.6734of2013 SubodhSaw ... Petitioner Versus TheStateofJharkhand. ... ... OppositeParty CORAM: HONBLEMR.JUSTICEAPARESHKUMARSINGH ForthePetitioner :Mr.P.K.Mukhopadhyay FortheState :Mr.TapasRoy,APP 231.8.2013 HeardlearnedcounselforthepetitioneraswellaslearnedAPP appearingonbehalfoftheState. The petitioner is in custody in connection with Jorapokhar (Bhowra)P.S.CaseNo.66/2013,G.R.No.1204/13,S.T.No.315/13,under Section366AIPC,from24.3.2013. Itiscontendedonbehalfofthepetitionerthatthevictimgirlhas beenrecoveredon20.3.2013andinherstatementbeforetheIstClass MagistrateunderSection164Cr.P.C.,shehasstatedthatshewasin lovewiththepetitioner,SubodhSawsincelasttwoyearsandsheleft her parents house at about 2.30 in the night of 18.3.2013. The petitionerhadnotcommittedanyforcibleactsuponthesaidgirl. LearnedcounselfortheStaterelyinguponthemedicalreport containedinthecasediarysubmitsthatthedoctorhasalsoopined thatshewas18yearsofage. Inthefactsandcircumstances,letthe...

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Aug 31 2013

Nember Sk Alias Member Sk Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6731 of 2013 Nember Sk. @ Member Sk. ... ... Petitioner -V e r s u s - The State of Jharkhand ... ... Opposite Party CORAM: - HONBLE MR. JUSTICE D. N. UPADHYAY For the Petitioner : Mr. Gautam Kumar, Advocate. For the State: : APP 02/31.08.2013 Heard the parties. The petitioner is an accused in connection with a case registered under Sections 498-A and 323 of the Indian Penal Code. The petitioner has been prosecuted for causing torture to the complainant for want of more dowry. It is submitted that the petitioner is in custody since 17.5.2013 for committing offence of matrimonial nature. Counsel for the State has opposed the prayer. Considering the nature of offence and period of detention of petitioner in custody as well as other circumstances as pointed out above, the petitioner named above 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 s...

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Aug 31 2013

Kauleshwar Mahto Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6691 of 2013 Kauleshwar Mahto @ Kaleshwar Mahto .... Petitioner(s) Versus State of Jharkhand ....... ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. Prabhat Kumar Sinha For the opposite party : Addl.P.P. 31.8.2013 Heard the learned counsel for the petitioner and the learned counsel for the State. This is a case of misuse of privilege of bail. It appears that the petitioner remained absent in the court below since 19.6.2009 and his bail bond was cancelled on 22.8.2009. When he did not appear, he has been declared absconder on 6.1.2011. It is submitted that the petitioner was attending in the court below till 2009. In fact, the petitioner had gone out of station to earn his livelihood after giving instructions to his counsel, but steps have not been taken and consequently, his bail was cancelled. Now he has voluntarily surrendered in the court below on 27.5.2013 and since then, he is in custody. Lear...

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