Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.624 of 2024
------ Abdul Hamid S/o Makbul Miyan, aged about 51 years resident of village-Leto P.O. Choudhary Nawadih, P.S. Palajori, Dist-Deoghar.
… Petitioner
Versus
1. The State of Jharkhand
2. Nayeem Mian S/o Khalil Mian, age-45 years.
3. Nasir Mian S/o Makbul Mian, age-40 years, Both resident of Village-Leto P.O. Choudhary Nawadih, P.S. Palajori, Dist-Deoghar.
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Lakhan Chandra Roy, Advocate For the State
: Mr. Fahad Allam, Addl.P.P.
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Order No:-05 Dated:-17-01-2025
Heard the parties.
Though notice has validly been served upon the opposite party No.2 and 3 but no one turns up on behalf of the opposite party No.2 and 3 in spite of repeated calls.
This Criminal Miscellaneous Petition has been filed with a prayer to modify the order dated 06.07.2021 passed in A.B.A. No.1882 of 2021 in connection with Palajori Police Station Case No.55 of 2020 with regard to handover the demand draft of Rs.20,000/-, which has been deposited by the opposite party no.2 in A.B.A. No.1882 of 2021 to the husband of the informant instead of the informant
Learned counsel for the petitioner submits that the opposite party no.2 and 3 were given the privilege of anticipatory bail in connection with Palajori Police Station Case No.55 of 2020 with the condition that the they will jointly deposit demand draft of Rs.20,000/- as ad interim victim compensation in favour of the informant.
Drawing attention of the Court to the death certificate of the informant Sayra Bibi. It is submitted that Sayra Bibi died on 08.02.2021. It is next submitted that the Opposite party no.2 and 3 have been admitted to bail in terms of the order passed by this Court in A.B.A. No.1882 of 2021 consequent
upon they depositing a demand draft drawn in favour of the informant. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.
Considering the aforesaid facts, this criminal miscellaneous petition is
disposed of with the direction to the concerned trial court to issue notice to the opposite party no.2 and 3 herein and if the demand draft deposited by them is still in the record to return the said demand draft to the opposite party no.2 with the direction to get a fresh demand draft of Rs.20,000/- to be drawn in favour of the petitioner herein, in lieu of the earlier demand draft within a time to be fixed by the trial court and in case, the opposite party no.2 and 3 submits a fresh demand draft of Rs.20,000/- drawn in favour of the petitioner, the same be released to the petitioner after notice to him by the trial court.
Accordingly, this Criminal Miscellaneous Petition, is allowed to the aforesaid extent.
(Anil Kumar Choudhary, J.) Abhiraj/