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Jharkhand Court August 2013 Judgments

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Aug 31 2013

Dilip Kumar Yadav Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6140 of 2013 Dilip Kumar Yadav ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Atanu Banerjee For the State : A. P.P. ----- 2/31.8.2013 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Sections 413/414/34 of the Indian Penal Code, 3 / 5 of the Explosive Substance Act, Section 21 of the Mines & Minerals (Development and Regulation) Act, and Rule 67 of the Jharkhand Minor Mineral Concession Rules, in connection with Jaridih P.S. Case No.82 of 2012, corresponding to G.R. No.771 of 2012. Petitioner is alleged to be involved in the illegal mining of stones and there is recovery of explosive materials as also the mining equipments from crusher of the petitioner. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Dili...


Aug 31 2013

Amresh Singh Alias Amresh Kumar Singh Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 5777 of 2013 Amresh Singh @ Amresh Kumar Singh ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Yogesh Modi, Advocate For the State : A.P.P. -------- 4/ 31.08.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 304-B/34 of the Indian Penal Code, in connection with Govindpur P.S. Case No. 271 of 2012 corresponding to G.R. No. 2558 of 2012, S.T. No. 34 of 2013. The petitioner is the husband of the deceased and there is allegation against him to have subjected the deceased to cruelty and torture for demand of dowry and to have committed her dowry death. Learned counsel for the petitioner has submitted that the witnesses including the informant have not supported the case during trial. In the facts of this case, I am not inclined to enlarge th...


Aug 31 2013

Manoj Sarkar Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6131 of 2013 Manoj Sarkar ..... Petitioner with B.A. NO.6141 of 2013 Sunil Sao .... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioners : Mr. Rajan Raj For the State : A. P.P. ----- 2/31.8.2013 Both these applications arise out of the same case, as such, they are being disposed of by this common order. Heard learned counsel for the petitioners and learned counsel for the State. Petitioners have been made accused for the offence under Sections 307, 379/34, 302, 120B/411 of the Indian Penal Code and under Section 27 of the Arms Act, in connection with Noamundi P.S. Case No.45 of 2009, corresponding to G.R. No.460 of 2009. The case related to murder of the husband of the informant and it appears from the FIR that the petitioners have been named in this case along with other co-accused on the basis of suspicion. Learned Counsel for the petitioners submitted that petitioners have...


Aug 31 2013

Babul Alias Babu Alias Bablu Turi Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6346 of 2013 Babul @ Babu @ Bablu Turi Petitioner -Versus- The State of Jharkhand. .... Opposite Party. ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI ------ For the Petitioner : Mr. Mithilesh Singh, Advocate For the State : ------ 2/31.08.2013: The petitioner is an accused in the case registered under Sections 302 and 201 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submitted that the F.I.R. was lodged against unknown; subsequently, the petitioner and his son Ram Turi were apprehended on the basis of some circumstantial material and charge sheet was submitted under Sections 302 and 201, I.P.C. against them; Ram Turi was tried for the charges under Sections 302 and 201, I.P.C. in Sessions Case No.249/2007 and by judgment dated 11.7.2008 (Annexure-2) co-accused Ram Turi was acquitted; there is no other specific allegation and material against the petitioner. Nobody appears to oppose the prayer. R...


Aug 31 2013

Veer Singh Mahato Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI B.A. No. 6459 of 2013 Veer Singh Mahato ..... Petitioner(s) Versus The State of Jharkhand . Opp. Party(s) CORAM: HONBLE MR. JUSTICE R. R. PRASAD For the Petitioner(s) : M/s A. K. Sahani, Advocate. For the State : A.P.P. ----- 04 /31.08.2013. The petitioner is an accused in a case instituted under Sections 18 /22 of the N.D.P.S. Act. Having regard to the quantity of the Ganja which were recovered from the joint possession of the accused persons including the petitioner and also the period of custody, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Seraikella, in connection with Chouka P.S. Case No.18 of 2013 [N. D. P.S. Case No.01 of 2013]. (R. R. Prasad, J.) Sandeep/...


Aug 31 2013

MobIn Khan Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6231 of 2013 Mobin Khan ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : A.P.P. -------- 2/ 31.08.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offence under Section 395 of the Indian Penal Code, in connection with Sadar Muffasil P.S. Case No. 219 of 2010 corresponding to G.R. No. 996 of 2010. The case relates to dacoity and the case was instituted against unknown. The impugned order shows that the petitioner has been remanded in this case from another case. Learned counsel for the petitioner has submitted that the petitioner was not put on test identification parade and has prayed for bail. Learned A.P.P. for the State has opposed the prayer, but upon going through the case diary, he has submitted that test identifica...


Aug 31 2013

Abhay Singh Alias Abhay Kumar Singh Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6130 of 2013 Abhay Singh @ Abhay Kumar Singh ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : M/s Vijoy Pratap Singh, Sr. Advocate & Ashok Kumar Sinha, Advocate For the State : A.P.P. -------- 2/ 31.08.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 302/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, in connection with Adityapur (RIT) P.S. Case No. 42 of 2013 corresponding to G.R. No. 191 of 2013, S.T. No. 106 of 2013. The case was instituted for murder of the wife of the petitioner and from the FIR, it appears that marriage had taken place in the year 2005 and thereafter she was being constantly subjected to cruelty and torture for demand of dowry. The dead body was found with injuries on the ground floor of...


Aug 31 2013

Mirtunjay Prasad Alias Fudu Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6134 of 2013 Mirtunjay Prasad @ Gudu @ Gudu Prasad ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Nilesh Kumar For the State : A. P.P. ----- 2/31.8.2013 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Section 498A of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act, in connection with Chandwa P.S. Case No.54 of 2013, corresponding to G.R. No.228 of 2013. Petitioner is the husband of the complainant-informant and there is allegation against him to have subjected his wife to cruelty and torture for demand of dowry. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Mirtunjay Prasad @ Gudu @ Gudu Prasad is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Th...


Aug 31 2013

Ramdev Yadav and anr Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI B.A. No. 6451 o1. Ramdev Yadav 2.Chigo Yadav ..... Petitioner(s) Versus The State of Jharkhand . Opp. Party(s) CORAM: HONBLE MR. JUSTICE R. R. PRASAD For the Petitioner(s) : M/s K. P. Deo, Aashish Kumar, Advocates. For the State : Mr. Anand Kr. Pandey, Advocate. ----- 02 /31.08.2013. Heard learned counsel appearing for the petitioners and learned counsel for the State. The petitioner are accused in a case instituted under Sections 302 /34.of the Indian Penal Code. Learned counsel appearing for the petitioners submits that the petitioners and one another person had been granted anticipatory bail on a condition of deposit of Rs.50,000/-, but since such amount was not deposited, the petitioners were taken into custody when the petitioners did surrender in the court and that the Police, after investigation, did not find the case to be true under Sections 302 /34 of the Indian Penal Code rather did find the case under Sections 304, 337, 323, 504, 147 o...


Aug 31 2013

Bhutali Mian Alias Kamrul Hoda Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI B.A. No. 6450 of 2013 Bhutali Mian @ Kamrul Hoda ..... Petitioner(s) Versus The State of Jharkhand . Opp. Party(s) CORAM: HONBLE MR. JUSTICE R. R. PRASAD For the Petitioner(s) : M/s A. K. Chaturvedi, Advocate. For the State : A.P.P. ----- 02 /31.08.2013. Heard learned counsel appearing for the petitioner and learned counsel for the State. The petitioner is an accused in a case instituted under Sections 147, 148, 149, 353 and 307 of the Indian Penal Code, Sections 25(1-b), 26/ 27 /35 of the Arms Act and Sections 3/ 5 of the Explosive Substance Act and Section 17 of the Criminal Law Amendment Act and Section 3/4/5/20/21 /22 of the Prevention of Terrorist Activities Act. Learned counsel appearing for the petitioner submits that the co-accused against whom there is similar allegation as that of the petitioner, has been admitted to bail by this Court vide B.A. No.6382 of 2013 and that apart other accused persons have also been admitted to bail and, the...


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