Rajaytun Nesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42300 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== RAJAYTUN NESHA W/o Sheikh Munna R/o village- Parsauni, P.S.- Purushottampur, District- West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bettiah (Muffasil) Banuchhapar P.S. Case No. 34 of 2019 for the offence punishable under Section 414 of the Indian Penal Code, Sections 11(d)(e)(f) I(k) of the Prevention of Cruelty to Animal Act and Rules 47, 48, 49 and 51 of the Transporting Rules. As per the case of the prosecution, a police party is said to have intercepted three vehicles, which were carrying oxen. The driver of the vehicle is said to have fled away on seeing the police. The petitioner is a lady.

Learned counsel appearing on behalf of the petitioner has submitted that her name has surfaced only because she is owner of one of the vehicles seized. He contends that there is no allegation in the First Information Report that it was within the petitioner's knowledge that the vehicle was being

Patna High Court CR. MISC. No.42300 of 2019(2) dt.10-07-2019 2/2 used for some illegal purpose.

Be that as it may, in the facts and circumstances, case for grant of anticipatory bail is made out. This application is accordingly allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released 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 learned C.J.M., Bettiah, West Champaran, in Bettiah (Muffasil) Banuchhapar P.S. Case No. 34 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T