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Jharkhand Court August 2013 Judgments

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Aug 30 2013

Prem Chand Mahto Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI Cr. Appeal [S.J.] No. 554 of 2011 Prem Chand Mahto ..... Appellant (s) Versus The State of Jharkhand . Respondent(s) CORAM: HONBLE MR. JUSTICE R. R. PRASAD For the Appellant(s) : Mr. P. C. Tripathi, Sr. Advocate. For the State : A.P.P. ----- 18 /30.08.2013. Having heard learned senior counsel appearing for the appellant and learned counsel appearing for the State and taking into account the evidences particularly of P.W.5 upon which the appellant and another co-convict have been convicted in a case of gang rape, I am not inclined to grant bail to the appellant and hence, the prayer for bail of the appellant is hereby, rejected at this stage. (R. R. Prasad, J.) Sandeep/...


Aug 30 2013

Jaikant Prasad Yadav Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 2293 of 2013 Jaikant Prasad Yadav ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. K.P. Deo, Advocate For the State : A.P.P. ------ 4/ 30.08.2013 Heard learned counsel for the petitioner and learned A.P.P. for the State. This criminal miscellaneous petition has been filed for modification of order dated 10.5.2012 passed in A.B.A. No. 1410 of 2012, whereby the petitioner was granted anticipatory bail on furnishing bail bond to the satisfaction of learned Chief Judicial Magistrate, Godda. It is stated in the present application that the case is still under investigation and has been transferred to the Court of learned Special Judge, Vigilance, Ranchi, in Special Case No. 30 of 2012. Accordingly, the aforesaid order be modified to the extent that the petitioner be released on anticipatory bail on furnishing bail bond to the satisfaction of ...


Aug 30 2013

Md JiyauddIn Alias JiyauddIn Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5727 of 2013 Md Jiyauddin @ Jiyauddin .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mrs Leena Mukherjee For the opposite party : Addl.P.P. 30.07.2013 Heard the learned counsel for the petitioner and the learned counsel for the State. Petitioner is accused in connection with Giridih (M) PS case No. 151 of 2013 for the offence registered under sections 376 of the Indian Penal Code. It reveals from written report that the petitioner established physical relation with the informant on assurance to marry. He has also sworn affidavit admitting informant as his wife. The informant was staying with the petitioner for some time, but thereafter she was driven out for want of dowry demanded in terms of rupees one lakh. It is submitted that it is not a case under section 376 IPC; rather it is a case under section 498A IPC, which is apparent from statement of the infor...


Aug 30 2013

Md Jalil Ansari Alias Md Jalil Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5731 of 2013 Md Jalil Ansari @ Md Jalil .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. Swapan Kumar Samanta For the opposite party : Addl.P.P. 30.07.2013 Heard the learned counsel for the petitioner and the learned counsel for the State. Petitioner is accused in connection with Tisri PS case No. 14 of 2013 pending in the court of learned Judicial Magistrate, Giridih. It reveals from written report that the petitioner has tried to commit rape on the informant by entering into her house. It is submitted that informant is a lady of easy virtue, whereas petitioner is a person of sound character which is apparent from annexure 2. Petitioner has been falsely roped in this case. Learned counsel for the State has opposed the prayer. There is direct allegation that the petitioner has tried to commit rape while the informant was sleeping in her house. Considering...


Aug 30 2013

Randhir Singh Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1256 of 2013 Randhir Singh .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. Rohit Ranjan Prasad For the opposite party : Addl.P.P. 30.07.2013 Heard the learned counsel for the petitioner and the learned counsel for the State. This is an application for anticipatory bail flied by the petitioner in connection with Dhanbad PS case No. 89 of 2012 pending in the court of learned CJM Dhanbad. It appears that prayer for anticipatory bail made on behalf of the petitioner was already rejected on 21.11.2012 vide ABA No. 2220 of 2012. Petitioner instead of surrendering in the court below has filed this application for anticipatory bail on the ground that the matter has been settled between the parties and they have comprised the case. Learned counsel for the informant supports the compromise arrived at between them. Learned counsel for the State has opposed the pr...


Aug 30 2013

Birsu Oraon and anr Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5729 o1. Birsu Oraon 2. Saniya Oraon .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. Surajdeo Munda For the opposite party : Addl.P.P. 30.07.2013 Heard the learned counsel for the petitioners and the learned counsel for the State. Petitioners are accused in connection with Senha PS case No. 52 of 2012 for the offence registered under sections 302/34 of the Indian Penal Code. It reveals from FIR that the petitioners and their associates killed father and mother of the informant. They were alleging that the deceased were practising witchcraft on the villagers. It is submitted that no specific allegation against any of the accused is levelled in the FIR. The deceased were assaulted by mob of the village present at Akhra. Learned counsel for the State has opposed the prayer and submitted that these petitioners along with their associates were present having ...


Aug 30 2013

Wakil Kumar Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5722 of 2013 Wakil Kumar .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. Shailendra Jit For the opposite party : Addl.P.P. 30.07.2013 Heard the learned counsel for the petitioner and the learned counsel for the State. Petitioner is accused in connection with Patratu (Bhurkunda) PS case No. 58 of 2013 for the offence registered under sections 366A of the Indian Penal Code. It reveals from written report that Rabina Kumari, daughter of the informant, was abducted by the petitioner with intention to marry. It is submitted that the victim Rabina Kumari has been examined under section 164 Cr P.C in which she has stated that she is in love with the petitioner and she had left home out of her sweet will. She was neither abducted, nor compelled by the petitioner to stay at any place. Her parents have agreed to solemnize her marriage with the petitioner after 2/3...


Aug 30 2013

Phul Kumar Jha Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6683 of 2006 Phul Kumar Jha . Petitioner Versus State of Jharkhand & Ors. ...Respondents Coram : The Honble Mr. Justice Narendra Nath Tiwari For the Petitioner : Mr. V.N.Jha, Advocate For the Respondents : M/s. S. Saurabh & V.K.Tiwari, Advocates For the State : J.C. To S.C.(L C) ----- Reportable 09/30.08.2013 In this writ petition, the petitioner has prayed for quashing the order dated 19.09.2006 passed in Appeal Case no.84 of 2000. According to the petitioner, he purchased the land appertaining to Khata no.276, plot no.1958 measuring 13 kathas 3 chattaks out of total area of 41 decimals of village-Misirgonda, P.S. Gonda, District-Ranchi from Ganpat Nath Mishra and Shyam Sundar Nath Mishra sons of Balram Nath Mishra of village-Tatisilwai, District- Ranchi. Thereafter, he filed an application for mutation in the court of Circle Officer, Ranchi. That was registered as Mutation Case no.37 R 2.of 1986-87. The Circle Officer allowed the mu...


Aug 30 2013

Br Rajesh Brahmchari Rajesh Brahmchari JaIn and ors Vs. State of Jhark ...

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 145 of 2013 Br. Rajesh Brahmchari (Rajesh Brahmchari Jain) and Ors. .... .. Petitioners Versus The State of Jharkhand & Anr. ...... Respondents --- CORAM: HONBLE MR. JUSTICE P.P.BHATT For the Petitioners : Mr. Vikash Kumar, Adv. For the Respondents : J.C. to Mr. Ajit Kumar. - -- 4/30.08.2013 The petitioners, by way of filing the present petition under Article 226 of the Constitution of India, have prayed for quashing the Order taking cognizance dated 22.3.2013 as well as the entire criminal proceeding against the petitioners passed in Pirtand P.S. Case no. 21/2010, corresponding to T.R. No. 210/2013, corresponding to Complaint Case no. 1020/2012, registered under Sections 420, 467, 468, 471, 120B of the Indian Penal Code, which is pending in the court of learned Judicial Magistrate, 1st Class, Giridih. Upon hearing the learned counsel for the petitioners as well as learned counsel for the respondent-State and from perusal of other ...


Aug 30 2013

Raju Alias Rajendra Singh Baraik Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1209 of 2013 Raju @ Rajendra Singh Baraik ... Petitioner -V e r s u s- The State of Jharkhand ... Opposite Party CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR. For the Petitioner : - Mr. Indrajit Sinha, Advocate For the State : - Mr. S.S. Sahay, A.P.P. 06/30.08.2013 Anticipatory bail application filed by Raju @ Rajendra Singh Baraik, is moved by Sri Indrajit Sinha, learned counsel for the petitioner and opposed by Sri S.S. Sahay, learned Additional P.P. for the State. It appears that the petitioner entered into an agreement with the deceased for purchase of land. The said agreement later on canceled and money returned to the petitioner. It is alleged that informant suspect that because of the said reason, petitioner might had committed the murder of deceased. Apart from the aforesaid allegation, other material against the petitioner is that he has been named by co-accused in his confessional statement made before the police. Considering th...


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