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2018 DIGILAW 22 (JHR)

Bihari Pal v. State Of Jharkhand

2018-01-03

ANANT BIJAY SINGH

body2018
JUDGMENT Anant Bijay Singh, J. - The petitioner is apprehending his arrest in connection with Meral P.S. Case No. 118 of 2016, corresponding to G.R. No. 1435 of 2016 for the offence under sections 341, 323, 498A, 302, 34 of the Indian Penal Code. 2. It appears that under order dated 01.11.2017 fresh report was called from the court of learned Principal District & Sessions Judge, Garhwa whether the Deputy Commissioner has made further request for allotment of fund and whether the allotment of fund has been approved and sanctioned and the same has been released in favour of victim or not. 3. Office note dated 02.01.2018 reveals that the required report has been received. 4. Vide Letter dated 13.11.2017 submitted by the learned Principal District Judgecumchairman, D.L.S.A, Garhwa reveals that as per direction of the Hon''ble High Court, D.L.S.A, Gahrwa has disbursed a cheque under victim compensation scheme 2012, bearing no. 261534 dated 15.09.2017 issued by the D.C. Garhwa to the informant Sangita Devi in G.R. Case No. 1435 of 2016 pending before the Court of the Chief Judicial Magistrate, Garhwa on 23.09.2017 in the Lok Adalat which was held on the same date, copy of the receiving has been annexed for the kind perusal of the Hon''ble Court. 5. On 07.06.2017 a detailed order was passed by this Court and the petitioners were granted anticipatory bail and trial court in association with Secretary, D.L.S.A, Garhwa and the Principal District & Sessions Judge-cum-chairman, D.L.S.A, Garhwa was directed to formulate scheme for rehabilitation to the informant and submit report to this Court. Thereafter the matter was listed on 18.08.2017 and thereafter on 01.11.2017. 6. It appears that after several adjournments, the direction of this Court has been complied with. 7. In view of the matter, office is directed to add the Member Secretary, Jharkhand State Legal Services Authority, (JHALSA), Nyay Sadan, Doranda, Ranchi as O.P. No. 2 and serve a copy of Memo of anticipatory bail application along with copy of all the orders passed in this case till date to the Member Secretary, Jharkhand State Legal Services Authority, (JHALSA), Nyay Sadan, Doranda, Ranchi through Special Messenger at the cost of Registry latest by 08.01.2018. 8. 8. Further, the Member Secretary, Jharkhand State Legal Services Authority, (JHALSA), Nyay Sadan, Doranda, Ranchi is directed to collect information in the format annexed herewith (total four sets A to D) (eight pages) regarding the payment of ad interim compensation/final compensation to victim for the year commencing from 01.01.2016 to 31.12.2016 and from 01.01.2017 to 31.12.2017 under different schemes namely, (i) Jharkhand Victim Compensation Scheme, 2012, (ii) Victim Compensation under Jharkhand Victim Welfare Fund Rules, 2014, (iii) Rehabilitation of Victim under SC/ST (Prevention of Atrocities) Act, 1989, amended in the year, 2015 which came into effect on 26.01.2016 and (iv) Rehabilitation of Victim under Central Scheme for assistance to Civilians Victim/Family of Victims of Terrorist/Communal and naxal violence by circulating the aforesaid format to all the Principal District & Sessions Judge-cum-chairman, D.L.S.A through FAX & Email. 9. The Principal District & Sessions Judge-cum-chairman, D.L.S.A of all the districts are directed to circulate the aforesaid formats annexed herewith (total four sets A to D) (eight pages) to all the courts including Sub-divisional courts and after collecting information in the format enclosed herewith and the Principal District & Sessions Judge-cum-chairman, D.L.S.A of all the districts are directed to transmit the same to the Member Secretary, Jharkhand State Legal Services Authority (JHALSA), Nayay Sadan, Doranda, Ranchi latest by 29.01.2018 through Email or hard copy or FAX. 10. The Member Secretary, Jharkhand State Legal Services Authority, (JHALSA), Nyay Sadan, Doranda, Ranchi is directed to compile all the required statistics which has been sought for in format and submit report on affidavit before this Court on or before 31.01.2018. 11. List this case on 31.01.2018 for necessary direction. 12. Let a copy of this order along with format annexed herewith (total four sets A to D) (eight pages)) be communicated to Member Secretary, Jharkhand State Legal Services Authority, (JHALSA), Nyay Sadan, Doranda, Ranchi through FAX/Special Messenger at once.