Allowed

Malti Devi and Ors. v. The State Of Bihar

Patna HC17 Aug 2015CR. MISC./34696/2015

Case brief

AI extract

What is this about?

The High Court of Patna allowed an application for anticipatory bail for petitioners facing criminal charges under the Indian Forest Act regarding alleged uprooting of plants. The court granted bail in the event of arrest or surrender within 12 weeks.

What did the court decide?

Release on anticipatory bail in the event of arrest or surrender within 12 weeks, subject to ₹10,000 bail bond and conditions under Section 438(2) Cr.P.C.

Malti Devi and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34696 of 2015

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Arising Out of PS.Case No. -142 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. District-

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GAYA ====================================================== 1. Malti Devi W/o Durga Paswan 2. Manoj Paswan S/o Chandrika Paswan 3. Prakash Kumar Paswan @ Prakash Kumar S/o Chandrika Paswan 4. Shanti Devi W/o Manoj Paswan 5. Binod Kumar S/o Chandrika Paswan 6. Durga Paswan S/o Virgu Paswan 7. Lakshmi Paswan S/o Durga Paswan .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s : Mr. Pradeep Nr.Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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2 17-08-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered

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for the offences punishable under Sections 33G and 70 of the Indian Forest Act

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Accusation is of uprooting or getting grazed by animals 4000 small green plants planted by the Forest Department.

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It is submitted by learned counsel for the petitioners that maliciously the present case has been lodged against the petitioners by the officials of Forest Department to save their own skin. The accusation is omnibus and general. Moreover, a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

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Patna High Court Cr.Misc. No.34696 of 2015 (2) dt.17-08-2015

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2/2

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Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of ` 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Forest P.S. Case No.142 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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(Dinesh Kumar Singh, J)

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Ashwini/-

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U T

Malti Devi and Ors. v. The State Of Bihar

Case brief

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Malti Devi and Ors. v. The State Of Bihar

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