Allowed¶15

Muniya Devi v. the State of Jharkhand

Jharkhand HC11 Mar 2024A.B.A./177/2024

Case brief

AI extract

What is this about?

A.B.A. No. 177 of 2024; Muniya Devi; anticipatory bail; illegal coal transportation by motorcycle; Balumath P.S. Case No. 228 of 2020; sections 379, 414 IPC; section 30(ii) Coal Mines Act; section 21 MMRD; section 13 Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage); parity with six co-accused in A.B.A. No. 3269 of 2021; C.J.M. Latehar; Section 438(2) CrPC; bail bonds Rs. 25,000/-; Justice Sanjay Kumar Dwivedi; High Court of Jharkhand; 11.03.2024.

What did the court decide?

Anticipatory bail granted - release on surrender/arrest upon furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC conditions; petitioner to retain the mobile number indicated in her Aadhar and cooperate in the investigation. ¶15

Muniya Devi Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner, Muniya Devi, who is apprehending arrest in connection with Balumath P.S. Case No. 228 of 2020.

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Court's answer

The court was inclined to grant anticipatory bail considering that the petitioner is the owner of the motorcycle in question, she was not present at the spot, and six co-accused persons had been provided anticipatory bail in identical situation in A.B.A. No. 3269 of 2021.

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Ratio / Principle

The petitioner was directed to surrender before the learned court within three weeks and, on surrender/arrest, to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Latehar, subject to conditions under Section 438(2) CrPC, without changing the mobile number indicated in her Aadhar, and cooperating in the investigation.

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Detailed headnote1 paragraphs

Anticipatory bail granted to Muniya Devi, apprehending arrest in Balumath P.S. Case No. 228 of 2020 (registered under sections 379, 414 IPC, section 30(ii) Coal Mines Act, section 21 MMRD and section 13 of the Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Act), pending before C.J.M., Latehar. She is stated to be the owner of the motorcycle allegedly carrying coal and was not present at the spot; bail granted on parity with six co-accused granted anticipatory bail in A.B.A. No. 3269 of 2021. Surrender within three weeks; bail bonds of Rs. 25,000/- with two sureties of the like amount each; conditions per Section 438(2) CrPC, retention of Aadhar-indicated mobile number and cooperation in investigation.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A. B. A. No. 177 of 2024

Muniya Devi

...... … Petitioner

Versus

The State of Jharkhand

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.…. … Opposite Party

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. A.K. Chaturvedy, Advocate For the State : Mr. Sunil Kr. Dubey, A.P.P.

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04/ 11.03.2024 : Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is apprehending her arrest in connection with Balumath P.S. Case No. 228 of 2020, registered under sections 379, 414 of I.P.C and under section 30(ii) of Coal Mines Act, 21 of MMRD and 13 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage), pending in the Court of learned C.J.M., Latehar.

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Learned counsel for the petitioner submits that the petitioner is owner of the motorcycle in question and allegations are made that two quintals of coal was being carried out in the said motorcycle. He submits that even if the allegations are accepted, it is unbelievable that in one motorcycle more than one ton of coal can be carried out. He submits that the petitioner was not present at the spot. He submits that in identical situation six co-accused persons have been provided anticipatory bail in A.B.A. No. 3269 of 2021. He submits that petitioner undertakes to cooperate in the investigation.

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Learned counsel for the State opposes the prayer for anticipatory bail on the ground that two tonnes of coal was being carried out.

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Considering that the petitioner is owner of the motorcycle in question and she was not present at the spot, in identical situation six co-accused persons have been provided anticipatory bail in A.B.A. No. 3269 of 2021, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Latehar, in connection with Balumath P.S. Case No. 228 of 2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the petitioner will not change her mobile number which is indicated in her Aadhar. The petitioner shall cooperate in the investigation.

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( Sanjay Kumar Dwivedi, J.)

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satyarthi-

Muniya Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Muniya Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

Coram

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