Meena Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24184 of 2021 Arising Out of PS. Case No.-13 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== MEENA DEVI W/O SHIV SHANKER PRASAD R/O VILLAGE-EGUNI, P.S.-PARAIYA, DISTRICT-GAYA, M/S SHIVA ENTERPRISES S.B.S COLONY, GAYA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sherghati Forest Case No. 13 of 2020 instituted for the offence under Sections 52(D) and 33(B) of Indian Forest Act, 1927.
As per allegation in the FIR, petitioner is registered
Patna High Court CR. MISC. No.24184 of 2021(2) dt.17-01-2022 2/3 contractor as proprietor of M/S Shiva Enterprises S.B.S. Colony, Gaya and she was allotted work by the Rural Work Division Imamganj through the Executive Engineer for construction of the road under the Pradhanmantri Gramin Sadak Yojna in which she was using extracted material (stone and moram) from the forest area.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. In fact, she has kept mixture machine in the campus of forest area for preparation of the material for construction of the road for which Ranger Officer has demanded illegal money, which she has refused and only with an oblique motive,this false case has been lodged against the petitioner.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sherghati Forest Case No. 13/2020, he will
Patna High Court CR. MISC. No.24184 of 2021(2) dt.17-01-2022 3/3 be enlarged 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 learned A.C.J.M., Sherghati, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U