Nitu Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33675 of 2023 Arising Out of PS. Case No.-99 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== NITU KUMARI WIFE OF MUKESH KUMAR SINGH R/O VILLAGEOJHA TOLA, P.S.- CHAKIYA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Adarsh Singh, Advocate Mr. Ravikant Kumar, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 379 and 411 of the Indian Penal Code and 56 (2) of the Bihar Mineral (Concession Prevention of illegal Mining Transportation and Storage) Rule 2019.
3. As per allegation in the F.I.R, the tractor of the petitioner was seized with illegally mined sand.
4. It is submitted that petitioner have falsely been implicated in this case because she happens to be the owner of the seized tractor. Petitioner is a housewife and without her consent her tractor was used by driver for mining of the sand.
Patna High Court CR. MISC. No.33675 of 2023(2) dt.25-07-2023 2/2 Infact at the time of occurrence she was not present on the spot. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Ld. CJM Motihari in connection with Chakiya P.S. case no 99 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T