Gopal Kumar Nayak @ Gopal Nayak vs The State Of Jharkhand
2022 Latest Caselaw 719 Jhar

          IN         THE HIGH COURT OF JHARKHAND AT RANCHI
                                     Cr.M.P. No. 2423 of 2021
      1. Gopal Kumar Nayak @ Gopal Nayak
      2. Bindu Devi
      3. Rupa Lata
      4. Anju Kumari
      5. Ranjeet Kumar Mahto                           .....   ... Petitioners
                                    Versus
      1. The State of Jharkhand.
      2. Koeli Devi                                     ..... ...      Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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      For the Petitioners        :        Mr. Soumitra Baroi, Advocate
      For the State              :        Mrs. Priya Shrestha, Spl.P.P.
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04/ 25.02.2022      This petition has been heard through Video Conferencing in

view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

Accused Gopal Kumar Nayak on the date of occurrence was in Bokaro and his son-in-law is a bank employee at Bihar Gramin Bank Branch Tilaiya, Banke Baja, District-Gaya (Bihar). This fact has also been supported by the Branch Manager of the said Branch, Anju Kumari, daughter of Gopal Kumar Nayak, who was also at Gaya with her husband.

The aforesaid fact has come in para-6 of the counter affidavit filed on behalf of the State. In para-7 thereof it has also come that in para- 27 of the case diary there is an evidence of the presence of son-in-law of Gopal Kumar Nayak at Gaya Bank on the date of time and occurrence.

Learned counsel appearing for the petitioners submits that this is malicious prosecution and malafidely the petitioners have been made accused in the present case. He submits that a proceeding under Section 144 Cr.P.C. was earlier initiated between the parties with respect to certain land in question. He further submits that this case is fully covered in the light of the judgment of the Hon'ble Supreme Court in the case of Hitesh Verma Versus State of Uttarakhand, reported in (2020) 10 SCC 710.

Let notice be issued upon the O.P. No. 2 under registered cover with A/D as well as by ordinary process, for which, requisites etc. must be filed within two weeks.

The petitioners shall not be arrested in connection with Jaridih P.S. Case No. 213 of 2020, pending in the Court of learned Additional Sessions Judge-1st-cum-Speicial Judge, Bokaro till the next date of listing.

Post this matter on 06.06.2022.

The petitioners shall cooperate in the investigation.

(Sanjay Kumar Dwivedi, J.) Amitesh/-