Jharkhand High Court

Kheman Rajak vs The State Of Jharkhand on 5 November, 2012

Author:
D.N.Upadhyay

Bench:
D.N.Upadhyay

IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1493 of 2012

Umesh Prasad Barnwal .... Petitioner(s)

Versus
State of Jharkhand ... Opposite Party

Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Mr. Ajay Kumar Sah
For the opposite party : Addl.P.P.

05.11.2012
Put up this case under the same heading on
07.11.2012, as prayed for.

Till the next date, interim order dated 10.5.2012 shall
continue.

Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2359 of 2012

Loknath Yadav .... Petitioner(s)

Versus
State of Jharkhand ... Opposite Party

Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Mr. Vishal Kumar Trivedi.
For the opposite party : Addl.P.P.

05.11.2012 Heard the learned counsel for the petitioner and the
learned counsel for the State.

It reveals from the FIR that marks sheet submitted by
the petitioner was found incorrect and in the said Roll Code, details of
another person is appearing in the record.

It is submitted that petitioner has committed no offence
and the certificate furnished by him is correct.

Learned counsel for the State has opposed the prayer
and submitted that the petitioner has been declared absconder after
execution of processes issued under sections 82/83 Cr.P.C.

It appears that the case was instituted in the month of
March, 2012, but till now the petitioner has failed to furnish correct
marksheet or details thereof.

Considering the fact that the petitioner has been
declared absconder, I do not find it is a fit case for grant of anticipatory bail
to the petitioner in connection with Godda (M) PS case No. 138 of 2012
pending in the court of SDJM, Godda. Prayer is accordingly rejected and
this application stands dismissed.

Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 2363 of 2012

Sandeep Jain .... Petitioner(s)

Versus
State of Jharkhand and another ... Opposite Party

Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Mr. Arun Kumar Pandey
For the opposite party : Addl.P.P.

05.11.2012 None appears on behalf of the petitioner, though
opposite party no.2 has appeared by filing vakalatnama.

Put up this case under the same heading after
Deepawali holidays.

Interim order dated 19.09.2012 stands vacated.
Let this order be communicated to the court concerned
through FAX .

Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 3790 of 2012

Yogesh Pandey and Panchali Devi @ Panchali Pandey ....Petitioner(s)

Versus
State of Jharkhand & another ... Opposite Party

Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Mr. M.B.Lal
For the opposite party : Addl.P.P.

05.11.2012 Heard the learned counsel for the petitioners and the
learned counsel for the State.

This is an application for grant of anticipatory bail filed
by the petitioners in connection with C.P case No. 951 of 2012 for the
offence registered under
sections 498A
of the Indian Penal Code.

It reveals from the complaint that the complainant was
subjected to torture for want of more dowry by her husband and in laws
and finally she was driven out from her matrimonial home within a fortnight
from the date of marriage.

It is submitted that the petitioners are bhainsur and
Gotni and the complainant has not raised any specific allegation against
them except that the father in law and bhainsur have forcibly dropped her
at the house of her parents.

Learned counsel for the State has opposed the prayer.
Considering matrimonial nature of the offence coupled
with the fact that the petitioners are bhainsur and gotni, both the petitioners
above named are directed to surrender before the court below within a
period of four weeks positively from the date of this order and on their
surrender, they shall be released on bail on furnishing bail bond of
Rs.10,000/- (rupees ten thousand) each with two sureties of the like
amount each to the satisfaction of Sri A.K. Chaturvedi, Judicial
Magistrate, 1st Class, Dhanbad, in connection with C.P. case No 951 of
2012, subject to the conditions laid down under section 438(2) Cr.P.C.

Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 3822 of 2012

Kheman Rajak and Sabia Devi .... Petitioner(s)

Versus
State of Jharkhand ... Opposite Party

Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Ms. Rashmi Kumari
For the opposite party : Addl.P.P.

05.11.2012 Heard the learned counsel for the petitioners and the
learned counsel for the State.

This is an application for grant of anticipatory bail filed
by the petitioners in connection with Koderma PS case No. 532 of 2011
( GR No. 144 of 2011) for the offence registered under
sections
498A
/
/
of the Indian Penal Code and
sections 3
and
of the Dowry
Prohibition Act.

It reveals from the complaint that the complainant
Sushila Devi was subjected to torture and treated with cruelty for want of
more dowry by her husband and in laws.

It is submitted that on the basis of the complaint,
Koderma PS No. 532 of 2011 was registered,but after investigation final
form was subjected and on protest cognizance has been taken. As a
matter of fact, the complainant does not want to live with her husband for
which these two petitioners cannot be held liable.

Learned counsel for the State has vehemently opposed
the prayer and submitted that all the accused persons named in the
complaint have committed torture for want of more dowry .

Considering matrimonial nature of the offence coupled
with the fact that the petitioners are father/mother in laws, both the
petitioners above named are directed to appear/ surrender before the
court below within a period of four weeks positively from the date of this
order and on their surrender, they shall be released on bail on furnishing
bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of
the like amount each to the satisfaction of Civil Judge ( Senior Division)
cum CJM, Koderma in connection with Koderma PS case No. 532 of
2011 ( GR No. 144 of 2011), subject to the conditions laid down under
section 438(2) Cr.P.C.

Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 180 of 2012

Pramod Kumar .... Petitioner(s)

Versus
State of Jharkhand & anr ... Opposite Party

Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Mr. Krishna Shankar
For the opposite party : Addl.P.P.

05.11.2012 Heard the learned counsel for the petitioner and the
learned counsel for the State.

This is an application for grant of anticipatory bail filed
by the petitioner in connection with Complaint case No. 120 of 2010
for the offence registered under
sections 120B
,
,
,
,
of the
Indian Penal Code.

It reveals from the complaint that the accused persons
handed over a draft of Rs. 3,23,000/- drawn on Punjab National Bank
against sale of land executed by the complainant in favour of the petitioner
and others. When the compliant went to deposit the said bank draft, he
learnt that it was a fake one.

It is submitted that the petitioner has purchased land
through two registered sale deeds in which consideration money of rupee
one lakh was paid in cash and petitioner never handed over any bank draft
to the complainant and therefore he cannot be held liable for the draft
handed over by other person
Learned counsel for the State has opposed the prayer.
Contention made by the petitioner finds support from the documents
annexed.

Considering above facts and circumstances of the case,
the petitioner above named is directed to appear/ surrender before the
court below within a period of four weeks positively from the date of this
order and on his surrender, he shall 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 satisfaction of SDJM, Chatra, in connection with
complaint case No. 120 of 2010, subject to the conditions laid down
under section 438(2) Cr.P.C.

Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 29 of 2012

Irfan Khan .... Petitioner(s)

Versus
State of Jharkhand & another ... Opposite Party

Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Mr. Vijay Shankar Pd.
For the opposite party : Addl.P.P.

05.11.2012 Heard the learned counsel for the petitioner and the
learned counsel for the State.

This is an application for grant of anticipatory bail filed
by the petitioner in connection with Complaint case No. 483 of 2010
for the offence registered under
section 498A
of the Indian Penal Code.

It reveals from the complaint that the complainant was
subjected to torture and treated with cruelty for want of more dowry and
finally she was driven out from her matrimonial home.

It is submitted that even after knowledge of pendency of
this bail application, the complainant has not appeared. As a matter of fact,
she does not want to live with the petitioner.

Learned counsel for the State has opposed the prayer.
Considering above facts and circumstances of the case,
the petitioner above named is directed to appear/ surrender before the
court below within a period of four weeks positively from the date of this
order and on his surrender, he shall 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 satisfaction of Sri Jogesh Kumar, Judicial
Magistrate, 1st Class, Daltonganj, Palamau, in connection with complaint
case No. 483 of 2010, subject to the conditions laid down under section
438(2) Cr.P.C.

Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 2180 of 2012

Naresh Mahato .... Petitioner(s)

Versus
State of Jharkhand ... Opposite Party

Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Mr. LCN Shahdeo
For the opposite party : Addl.P.P.

05.11.2012 Heard the learned counsel for the petitioner and the learned
counsel for the State.

This is an application for grant of anticipatory bail filed by the
petitioner in connection with Jamtara (Mihijam) PS case No. 02 of 2011, for
the offence registered under
sections 467
/
/
/
/
/
120B
/
of the
Indian Penal Code and
section 21
of the MMRD Act.

It reveals from the FIR that a truck bearing registration no.
WB-39 8643 carrying coal was seized by the police and the documents
produced by the driver were found fake. On interrogation, the driver disclosed the
name of this petitioner who had handed over these documents against
transportation of coal.

It is submitted that criminal antecedents reports were called
for from the Superintendents of Police, Dhanbad and Jamtara and the report
received from the police station concerned indicates that the petitioner does not
have any criminal antecedents. He has been implicated on the basis of the
confessional statement of the driver.

Learned counsel for the State has opposed the prayer, but
failed to furnish criminal antecedents report called for from the Superintendents
of Police, Dhanbad and Jamtara.

Since the Superintendents of Police, Dhanbad and Jamtara,
have ignored to give criminal antecedents report as called for, the petitioner
above named is directed to appear/ surrender before the court below within a
period of three weeks positively from the date of this order and on his
surrender, he shall 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
satisfaction of CJM, Jamtara, in connection with Jamtara (Mihijam) PS case
No. 02 of 2011( GR No. 06 of 2011), subject to the conditions laid down under
section 438(2) Cr.P.C.

Let a copy of this order be given to the learned counsel for
the State and a copy of this order be communicated through FAX to the
Superintendents of Police, Dhanbad and Jamtara.

Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 2189 of 2012

1. Bhola Sao
2. Rajendra Thakur
3. Shailesh Singh .... Petitioner(s)

Versus
State of Jharkhand ... Opposite Party

Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Mr. Binod Singh
For the opposite party : Addl.P.P.

05.11.2012 Heard the learned counsel for the petitioners and the
learned counsel for the State.

This is an application for grant of anticipatory bail filed
by the petitioners in connection with Simaria PS case No. 9/2012 ( G.R
No.230 of 2012) for the offence registered under
sections 414
/
of the
Indian Penal Code and
section 33
of the Indian Forest Act, 1927.

It reveals from the written report that about 1230 M.T of
steam coal kept near the brick kiln of Shailesh Singh was seized by the
Police. When no body appeared to produce documents against storage of
coal, this case was instituted.

It is submitted that the petitioner never supplied said
coal as disclosed in the written report and they do not have any concern
with the coal seized.

Learned counsel for the State has opposed the prayer.
Admittedly, coal stored near the brick kiln of Shailesh
Singh was seized. It is further submitted that Shailesh Singh is claiming the
seized coal.

Considering above facts and circumstances of the case,
the three petitioners above named are directed to appear/ surrender
before the court below within a period of four weeks positively from the
date of this order and on their surrender, he shall be released on bail
on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with
two sureties of the like amount each to the satisfaction of CJM, Chatra,
in connection with Simaria PS case No. 9/2012 ( G.R No.230 of 2012),
subject to the conditions laid down under section 438(2) Cr.P.C.

Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 2126 of 2012

Nitin Raj .... Petitioner(s)

Versus
State of Jharkhand and another ... Opposite Party

Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Mr. Alok Anand
For the opposite party : Addl.P.P.

05.11.2012 At the very outset, it it submitted that the petitioner
wants to settle the matter.

In view of the above submission,issue notice to opposite
party no.2 for which requisites, etc. under registered cover with A/d as well
as ordinary process must be filed within a week.

Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 3850 of 2012

Abdula @ Abdul Razaque .... Petitioner(s)

Versus
State of Jharkhand ... Opposite Party

Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Mr. Amaresh Kumar
For the opposite party : Addl.P.P.

05.11.2012 Heard the learned counsel for the petitioner and the
learned counsel for the State.

This is an application for grant of anticipatory bail filed
by the petitioner in connection with Charhi PS case No. 36 of 2012 for
the offence registered under
sections 409
/
/
/
/
120B
/
of the
Indian Penal Code.

It reveals from the FIR that two trucks bearing
registration nos. BPM 3723 and BR 13 B 3050 were apprehended by the
Police. It was detected that the trucks were carrying steam coal in stead of
ROM coal for which documents were issued. Involvement of the present
petitioner was admitted by the drivers and cleaners of the trucks.

It is submitted that the trucks were seized on the road.
The petitioner is not the sales officer; rather he is a private Munshi and he
is not related to the coal seized in connection with this case. Name of the
present petitioner has been given with ulterior motive because he did not
oblige the police officer.

Learned counsel for the State has opposed the prayer.
It is not apparent from perusal of the case diary as to in
what manner this petitioner is connected with the coal seized or the
documents.

Considering above aspects of the matter, the petitioner
above named is directed to appear/ surrender before the court below
within a period of four weeks positively from the date of this order and
on his surrender, he shall 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 satisfaction of CJM, Hazaribagh, in connection with Charhi
PS case No. 36 of 2012 ( GR No. 3270 of 2012), subject to the
conditions laid down under section 438(2) Cr.P.C.

Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 1018 of 2012

Birendra Bhushan and others .... Petitioner(s)

Versus
State of Jharkhand ... Opposite Party

Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Mr.
For the opposite party : Addl.P.P.

05.11.2012 The petitioners as well as the complainant are
directed to appear before the District Legal Services
Authority/Mediation Centre, Civil Court, Deoghar, on 27.11.2012.

The Mediator/Conciliator shall make all efforts to settle the matter
between the parties and thereafter send the result of conciliation to
this Court .

Put up this case under the same heading after
receipt of the aforesaid report on 05.12.2012.

Till the next date, interim order dated 3.8.2012 shall
continue.

Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 2305 of 2012

Binod Paswan .... Petitioner(s)

Versus
State of Jharkhand & another ... Opposite Party

Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Mr. J. Tripathy.

For the opposite party : Addl.P.P.

05.11.2012 The petitioner as well as the complainant are
directed to appear before the Mediation Centre, Civil Court, Dhanbad,
on 23.11.2012. The Mediator/Conciliator shall make all efforts to
settle the matter between the parties and thereafter send the result
of conciliation to this Court .

Put up this case under the same heading after
receipt of the aforesaid report on 05.12.2012.

Till the next date, interim order dated 31.8.2012
shall continue.

Let this order be communicated to the court
concerned through FAX at the cost of the petitioner, as prayed for.

Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 2429 of 2012

S.K Irfan @ SK Md Irfan .... Petitioner(s)

Versus
State of Jharkhand and another ... Opposite Party

Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Mr.
For the opposite party : Addl.P.P.

05.11.2012 The petitioner as well as the complainant are

directed to appear before the Mediation Centre, Civil Court, Dhanbad,
on 03.12. 2012. The Mediator/Conciliator shall make all efforts to
settle the matter between the parties and thereafter send the result
of conciliation to this Court .

Put up this case under the same heading after
receipt of the aforesaid report on 11.12.2012.

Till the next date, petitioner shall not be arrested in
connection with C.P. Case No. 743 of 2011.

Let this order be communicated to the court
concerned through FAX at the cost of the petitioner, as prayed for.

Ambastha/- ( D.N.Upadhyay,J.)