Sunita Kumari v. The State of Jharkhand

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner For the State : Mr. A.K. Choubey, Advocate : Mr. Sunil Kr. Dubey, Addl. P.P. Order No.02 Dated- 16.09.2023 ------ Heard the parties. Apprehending her arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Tandwa P.S. Case No.123 of 2023 registered under sections 414/34/279 of the Indian Penal Code, Section 21 of MMDR Act and under Section 54 of Jharkhand Minerals (Prevention Illegal Mining, Transportation and Storage) Rule, 2017. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of the tractor which was seized by police for transporting illegally excavated sand. It is further submitted that the allegations against the petitioner are all false and she has no knowledge about her vehicle being involved in any illegal activity.

It is then submitted that the petitioner has no criminal antecedent as has been mentioned in para-11 of the instant anticipatory bail application. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of her arrest or surrender within a period of six weeks from the date of this order, she shall be released on bail on depositing cash security of Rs.5,000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Chatra, in connection with Tandwa P.S. Case No.123 of 2023 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish her mobile number and a copy of her Aadhar Card in the court below with the undertaking that she will not change her mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C. Sonu/Gunjan- (Anil Kumar Choudhary, J.)