IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15869 of 2010 SUNITA DEVI WIFE OF SRI SATYENDRA KUMAR, RESIDENT OF MOHALLA WAZIRPUR BAIGNABAD ( KALYANPUR) NARSALIGANJ, P.S. BIHAR, DISTRICT NALANDA – PETITIONER. Versus THE STATE OF BIHAR—OPP. PARTY. ----------- 3/ 30-06-2010 Heard the parties. The petitioner is alleged to have got her house constructed in the town of Biharsharif without getting a map passed by the municipal authority under the provisions of Bihar Municipal Act, 2007, therefore, she is alleged to have committed offence punishable under sections 323, 325 and 437 of the Bihar Municipal Act, 2007. It is submitted that entire criminal prosecution is misconceived against the petitioner as the petitioner had got her house constructed after passing of the map by the competent authority of the Municipal Corporation. Apparently the petitioner had no mens rea to commit any criminal offence. The offences alleged are technical in nature. Be that as it may, in the facts and circumstances of the case and in view of the fact that the petitioner is a lady, in the event of her arrest or surrender in the court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing 2 bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Complaint Case No.10C6 of 2009, subject to conditions as laid down under section 438(2) of the Cr. P. C. BTiwary ( Birendra Prasad Verma, J)