2023 Supreme(Online)(JHK) 7416
PRINCIPAL BENCH JHARKHAND
RUNNI DEVI – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
A.B.A. 9472 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 9472 of 2023
------
Runni Devi … Petitioner
Versus
The State of Jharkhand …
Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner
: Mr. Sanjay Kumar, Advocate
For the State
: Mr. P.K. Chatterjee, Spl. P.P.
------
Order No.02 Dated- 09.11.2023
Heard the parties.
Apprehending her arrest, the petitioner has moved this Court
for grant of privilege of anticipatory bail in connection with
Koderma P.S. Case No.159 of 2023 registered under sections 379/411
of the Indian Penal Code, Section 21 of MMDR Act, Rule 54 of JMMC
Rules and under Rule 13 of the Jharkhand Minerals (Prevention of
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 truck which was seized by police for transporting illegally
extracted coal. It is further submitted that the allegations against the
petitioner are all false and because of expiry of validity of transport
challan, the petitioner has been implicated in this case. It is next
submitted that the petitioner has no criminal antecedent as has been
mentioned in paragraph no. 12 of the 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 Spl. 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.25,000/- 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., Koderma,
in connection with Koderma P.S. Case No.159 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.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-