Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12669 of 2020 Arising Out of PS. Case No.-311 Year-2019 Thana- BAUNSI District- Banka ====================================================== Sarita Devi W/o Gopal Yadav R/o village- Panjradih, P.S.- Thakur Ganti, District- Godda (Jharkhand) ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Department of Mines and Mineral, Patna, Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Bounsi P.S. Case No 311 of 2019 for the offence under section 379/411 of the Indian Penal Code and Section 8 of BMMC (Amendment) Rules, 2014 and Section 40 of BMMC Rules, 2003, Section 8(a)8(b) of Forest and Environment Act, 1986, under section 15(A).

Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

Allegation against this petitioner is that the petitioner was lifting sand without proper challan.

Learned counsel submits that petitioner has been

Patna High Court CR. MISC. No.12669 of 2020(2) dt.06-03-2020 2/2 made accused in this case only because she is owner of the Tractor.

Considering the fact that petitioner is a lady and she has been made accused only because she is owner of the Tractor, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Bounsi P.S. Case No 311 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T