Jharkhand High Court
Jhamani Devi vs The State Of Jharkhand .... .... ... on 6 November, 2019
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.6886 of 2019
------
1. Jhamani Devi
2. Mahendra Ganjhu .... .... .... Petitioners Versus The State of Jharkhand .... .... ....Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioners : Mr. Abhay Kr. Chaturvedy, Advocate
For the State : Mr. Hardeo Pd. Singh, A.P.P
------
Order No.03 Dated- 06.11.2019
Apprehending their arrest in connection with Balumath P.S. Case No.36 of 2019 instituted under Sections 379, 414/34 of the Indian Penal Code and Section 33, 41 and 42 of the Indian Forest Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Heard learned counsel appearing for the petitioners and learned A.P.P appearing for the State.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners are the owners of the tractors which were involved in illegal extraction of stones inside the forest area. It is submitted that the allegation against the petitioners is false. It is then submitted that the petitioners are not involved in illegal extraction of stones and they were not present in the forest area and the petitioner No.1 has no criminal antecedent as has been mentioned in para-14 of the instant anticipatory bail application. It is also submitted that the petitioner No.1 is a female. It is lastly submitted that the petitioners are ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.
Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned Chief Judicial Magistrate, Latehar within four weeks from today and in the event of their arrest or surrendering, the petitioner No.1 will be enlarged on bail on depositing Rs.5,000/-(Rupees five thousand) as cash security and the petitioner No.2 will be enlarged on bail on depositing Rs.10,000/-(Rupees ten thousand) as cash security and both of them on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Latehar in connection with Balumath P.S. Case No.36 of 2019 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J.) Animesh/