Mamta Rai And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.23069 of 2018 (2) dt.27-04-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23069 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -BELCHAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Mamta Rai wife of Binod Rai Resident of Village - Gauchari, Police Station - Balthar, District - West Champaran and Proprietor of M/S Ajit Int Industry.
2. Ravindra Nath Singh son of Babu Raghunath Singh Resident of Village - Gauchari, Police Station - Balthar, District - West Champaran and Proprietor of M/S Ajit Int Industry.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7, Mr. Anant Kumar Mishra For the Opposite Party/s : Mr. Niryanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek anticipatory bail in a case instituted for the offences under Sections 406 and 379 of the Indian Penal Code and under section 15 of the Environment (Protection) Act 1986 and under section Rule 40 of the Bihar Mines and Minerals Concession Rule 1972.
Allegation has been made that the petitioners have not deposited the mining tax for the period 2015-2016. Learned counsel for the petitioners submits that the brickklin of Mamta Rai (petitioner no.2) remain suspended for the
Patna High Court Cr.Misc. No.23069 of 2018 (2) dt.27-04-2018 period 2015-2016 and 2016-2017 and as such she has not deposited the mining tax. He has further submitted that petitioner no.2 is ready to deposit the tax subject to furnishing the details of amount.
Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioners, namely, Mamta Rai and Ravindra Nath Singh, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in connection with Balthar P.S. Case No.17 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioners for investigation or interrogation he will present himself before the police. In the event of being absent on two consecutive dates this order will be treated to have been withdrawn. (Shivaji Pandey, J) Vinay/- U T