Dimpal Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19167 of 2024 Arising Out of PS. Case No.-67 Year-2020 Thana- FOREST (GOVERNMENT OFFICIAL) District- Gaya ====================================================== Dimpal Kumari Wife Of Rakesh Kumar R/O-Uttarawan, P.S.- KHIZERSARAI, Distt.-GAYA, At Present Residing At C/O-Raj Kishor Sharma, Mohalla-Lakhibagh Manpur, P.S.-MUFFASIL, Distt.-GAYA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 33(1)(c) & 63 of the Indian Forest (Bihar Amendment) Act, 1989.

3. Prosecution case, in brief, is that on 04.09.2020 at about 06:30 A.M. informant along with forest guards and other officials went to check the Bhadega Forest Area and found that some people have encroached the forest land and they have also constructed pucca boundary wall whereas some have constructed part of pucca house on the forest land.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.19167 of 2024(2) dt.02-04-2024 2/2 the petitioner had purchased the land in question in 2012, purchase deed of the said land is enclosed as Annexure-2 to this application. He further submits that the petitioner had sold the said land in 2013, the sale deed of the said land is enclosed as Annexure-3 to this application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that the petitioner is a female, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Forest Case No. 67 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T