Asema Khatun Alias Aasema Bibi Vs the State… — Mining and Natural Resources | Jharkhand HC (2024)

Asema Khatun Alias Aasema Bibi Vs the State… — Mining and Natural Resources | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within three weeks; upon surrender/arrest, release on bail on a bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Pakur, subject to conditions under section 438(2) CrPC.

Issue for consideration

Whether the petitioner, apprehending arrest in Maheshpur P.S. Case No. 97 of 2023 (offences under sections 342, 353, 290, 504, 506 and 34 IPC and allied mining statutes/rules), should be granted anticipatory bail.

Court's answer

Finding that the petitioner had nothing to do with the said vehicle (carrying 150 cft of sand) and had only obstructed the carrying of the vehicle to the police station, the court was inclined to grant her the privilege of anticipatory bail.

Ratio / Principle

The petitioner was directed to surrender before the learned court within three weeks; upon surrender/arrest she shall be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Pakur, in connection with Maheshpur P.S. Case No. 97 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory Bail – Grant: Petitioner apprehended arrest in Maheshpur P.S. Case No. 97 of 2023 registered under sections 342, 353, 290, 504, 506 and 34 IPC, section 54 of the Jharkhand Minor Mineral Concession Rules, 2004, section 4(1)(A)/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and rule 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending before the Chief Judicial Magistrate, Pakur. Allegation was obstruction in carrying a tractor loaded with 150 cft of sand to the police station; State alleged threatening of a police officer. Holding that the petitioner had nothing to do with the said vehicle and had merely obstructed its carriage to the police station, the court extended the privilege of anticipatory bail: surrender within three weeks, release on a bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to the conditions under section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JHARKHAND, RANCHI

A.B.A. No. 228 of 2024

----

Asema Khatun @ Aasema Bibi .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner :- Mr. Manish Yadav, Advocate For the State :- Ms. Priya Shrestha, Advocate

2 /05.03.2024 Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.

The petitioner is apprehending his arrest in connection with Maheshpur P.S. Case No.97 of 2023, for the offence registered under sections 342, 353, 290, 504, 506 and 34 IPC, section 54 of Jharkhand Minor Mineral Concession Rules, 2004, section 4(1)(A)/21 of Mines and Minerals (Development and Regulation) Act, 1957 and rule 9/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the court of learned Chief Judicial Magistrate, Pakur.

Learned counsel for the petitioner submits that the petitioner has nothing to do with sand of 150 cft which was carried in tractor and the allegation is that she tried to obstruct to carry the said vehicle to police station. 4. Learned State counsel opposed the prayer on the ground that allegation is there of threatening police officer to implicate in false case. 5. Considering that the petitioner has nothing to do with the said vehicle and she has only obstructed to carry the vehicle to police station, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of her surrender/arrest, the petitioner, above named, shall be released on bail, 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 Chief Judicial Magistrate, Pakur, in connection with Maheshpur P.S. Case No.97 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

( Sanjay Kumar Dwivedi, J.)

SI/