CR. MISC./61855/2017 of Smt. Johra Khatoon @ Johra Khatoon and Anr Vs The State Of Bihar on 22 December 2017

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IN THE HIGH COURT OF JUDICATURE AT PATNACriminal Miscellaneous No.61855 of 2017

Arising Out of PS. Case No.-32 Year-2016 Thana- MADHUBAN District- East Champaran======================================================1. Smt. Johra Khatoon @ Johra Khatoon, W/o Late MiyanjaanAnsari,2. Tunna Mian S/o Anwar Hussain, Both R/o Village- Jitaura, P.S.-Madhuban, District- East Champaran.

22-12-2017

Heard learned Counsels for the petitioners and learned Special PP for the Mines.

The petitioners are apprehending arrest in a caseregistered for the offences punishable under Rules 4/40 of theBihar Minor Mineral Concession Rules, 1972 and Sections 3/4of the Prevention of Damage to Public Property Act, 1984.

Prosecution case as per the written report of the CircleOfficer, Madhuban, submitted to the Officer In-charge,Madhuban Police Station, is to the effect that after receiving asecret information that some persons are damaging the damconstructed over the Budhi Gandak river near Kasba Tola by aJCB machine, for conducting illegal mining, a raid was led and the JCB machine was seized and handed over to the PakridayalPolice Station.

It is submitted by learned counsel for the petitionersthat the petitioners are not named in the FIR. The FIR waslodged against the owner of the JCB machine, but the name ofthe petitioners surfaced during investigation and it is allegedthat petitioner no.1 being Mukhiya of Raj Dulma Panchayat andpetitioner no.2 who was son of petitioner no.1 were presentwhen the illegal mining was being committed and the dam wasbeing damaged. It is further submitted that petitioner no.1 being80 years old lady has been named as an accused only onsuspicion. Even assuming the accusation that the petitionerswere present when the illegal mining was committed by JCBmachines, it does not constitute any offence either under I.P.C.or under the Mines and Minerals Act. Moreover, the JCBmachines has been released in favour of the owner, who hasbeen granted anticipatory bail by a co-ordinate Bench of thisCourt vide Criminal Miscellaneous No. 23331 of 2016.

Learned Special PP appearing for the MinesDepartment submits that during investigation, it has transpiredthat in the knowledge of the petitioner no.1, being Mukhiya ofRaj Dulma Panchayat, illegal mining was being conducted.

Ashwini/-

UT

Considering the nature of accusation and the fact thatthe persons on whose JCB machines illegal mining is beingconducted has been granted anticipatory bail, coupled withstatement made in paragraph no.3 of the petition that thepetitioners are not having any criminal antecedent, let the abovenamed petitioners be released on anticipatory bail, in the eventof arrest or surrender before the learned Court below within aperiod of 12 weeks from today, on furnishing bail bond ofRs.10,000/- (ten thousand) each with two sureties of the likeamount each to the satisfaction of the learned ACJM-IV,Motihari, in connection with Madhuban P.S. Case No.32 of2016, subject to the conditions as laid down under Section438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J)