The Court deems it appropriate to allow the prayer for pre-arrest bail so that peace between the parties is sustained: High Court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 55321 Arising Out of PS. Case No. 315 Year 2018 Thana FATEHPUR District Gaya Bhola Paswan aged about 29 years Male Son of Dukhit Paswan Resident of Village Neemi Tola Kenarchak PS Fatehpur District Gaya The State of Bihar ... Petitioner s ... Opposite Party s For the Petitioner s Mr. S S P Yadav Advocate For the State Mr. Pawan Kumar Chaurasia APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17 09 2021 The matter has been heard via video conferencing. 2. Heard Mr. S S P Yadav learned counsel for the petitioner and Mr. Pawan Kumar Chaurasia learned Additional Public Prosecutor for the 3. The petitioner apprehends arrest in connection with Fatehpur PS Case No. 3118 dated 13.10.2018 instituted under Sections 147 149 341 323 504 and 308 of the Indian Penal Code 1860. Patna High Court CR. MISC. No.55321 dt.17 09 2021 4. The petitioner along with five other named and seven unknown persons is accused of assault on the informant and specifically against the petitioner it has been stated that he had inflicted blow on the head by lathi resulting in injury and also of hitting on the hand resulting in fracture of the right hand 5. Learned counsel for the petitioner submitted that for the same incident the father of the petitioner has also lodged Fatehpur PS Case No. 316 of 2018 under Sections 147 149 341 323 504 342 506 of the Indian Penal Code and 3 4 of the Prevention of Witch Practices Act 1999. It was submitted that the informant’s daughter had committed suicide a month back for which the petitioner’s side was held responsible and the father of the petitioner was branded as a daain and the other side were the aggressors and the petitioner has sustained head injury and his mother has suffered fracture of hand due to the assault by the informant side. It was submitted that the petitioner has no criminal antecedent and further that the dispute is between two castes and now they have compromised the matter among themselves. Learned counsel submitted that he has filed supplementary affidavit bringing on record copy of the Patna High Court CR. MISC. No.55321 dt.17 09 2021 6. Further learned counsel submitted that the learned Additional Sessions Judge 1st Gaya in his order dated 13.10.2020 passed in ABP No. 40819 while rejecting the prayer for anticipatory bail of the petitioner has noted that the injury report in paragraphs no. 25 and 46 of the case diary corroborate the prosecution case but it has not been stated that whether it was simple or grievous. Learned counsel submitted that though the injury report does not give a final finding and is not based on any X ray report still the doctor has written that it was grievous which raises serious doubt about the allegation made in the FIR. Learned counsel submitted that the parties have compromised which has also been filed before the Court below copy of which has been brought on record as Annexure 3 to the supplementary affidavit filed on behalf of the petitioner Drawing the attention of the Court to the same learned counsel submitted that good feelings have been restored between the parties and all disputes between them have been settled them. It was submitted that such compromise was without any threat or coercion and that the informant does not want to pursue the 7. Having perused the compromise when the Court wanted learned counsel for the petitioner to inform as to Patna High Court CR. MISC. No.55321 dt.17 09 2021 whether their case i.e. Fatehpur PS Case No. 3118 filed by the father of the petitioner had also been compromised learned counsel had submitted that he has no instructions in the matter and prayed for a short adjournment to file further 8. In view of the aforesaid stand of the parties before the Court on the previous occasions the Court had granted time to the petitioner to file supplementary affidavit as also further affidavit 9. In terms thereof supplementary affidavit and 2nd supplementary affidavit have been filed on behalf of petitioner bringing on record the compromise between the parties in both Fatehpur PS Case No. 3118 i.e. the present case as well as Fatehpur PS Case No. 3118 10. Learned APP who had earlier obtained the copy of the case diary submitted that the Senior Superintendent of Police Gaya has also sent a report in which it has been stated that the parties have compromised the matter and peace is prevailing in the 11. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties in view of there being peace between the parties and they having voluntarily compromised the matter by filing joint compromise Patna High Court CR. MISC. No.55321 dt.17 09 2021 petition in both the cases in February 2021 itself and peace being restored in the area for the ends of justice the Court deems it appropriate to allow the prayer for pre arrest bail so that peace between the parties is sustained as otherwise if any side suffers adverse consequences there are chances of the enmity between the sides reviving 12. Accordingly in the event of arrest or surrender before the Court below within six weeks from today the petitioner be released on bail upon furnishing bail bonds of Rs. 25 000 twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate X Gaya in Fatehpur PS Case No. 3118 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure 1973 and further that one of the bailors shall be a close relative of the petitioner that the petitioner and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioner andthat the petitioner shall co operate with the Court and police prosecution. Any violation of the terms and conditions of the bonds or the undertaking or failure to co operate shall lead to cancellation of his bail bonds 13. It shall also be open for the prosecution to bring any violation of the foregoing conditions by the petitioner to the Patna High Court CR. MISC. No.55321 dt.17 09 2021 notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the petitioner 14. The petition stands disposed of in the (Ahsanuddin Amanullah J

Summary: The petitioner was taken into custody under Section 147, of the Indian Penal Code, “Punishment for rioting”, Section 149, “Every member of unlawful assembly guilty of offence commit­ted in the prosecution of a common object”, section 341, “Punishment for wrongful restraint”, section 323, “Punishment for voluntarily causing hurt”, section 504, “Intentional insult with intent to provoke breach of the peace” and Section 308 of the Indian Penal Code, 1860, “Attempt to commit culpable homicide.” The petition is in connection with Fatehpur PS Case No. 315 of 2018 dated 13.10.2018. In the High Court of Judicature at Patna, this judgement was given by Honorable Mr Justice Ahsanuddin Amanullah on the 17th of September 2021 in the case of Bhola Paswan Versus the State of Bihar, [Criminal Miscellaneous No. 5538 of 2021], Mr S S P Yadav represented as the advocate for the petitioner, and Mr Pawan Kumar Chaurasia, represented the State of Bihar as the additional Public Prosecutor, the proceedings of the court were held via video conference. The following are the facts of the case, the petitioners along with five named and seven unknown persons were accused of assaulting the informant, specifically against the petitioner as he inflicted a blow on the head of the informant with a lathi resulting in injuries and also hit the hand of the informant resulting in a fracture of the right hand. The counsel representing the petitioner held that the father of the petitioner has also filed for a counter case Fatehpur [PS Case No. 316 of 2018], under Sections 147, 149, 341, 323, 504, 342, 506 of the Indian Penal Code and 3/4 of the Prevention of Witch (Daain) Practices Act, 1999. The counsel held that the informant’s daughter had committed suicide about a month back and the petitioner’s side was accused and the father of the petitioner was branded as a daain. However, the informant’s side were aggressors and they committed an assault on the petitioner as he had sustained head injuries and the mother of the petitioner suffered a fracture due to the assault. The dispute arose due to different castes however the issue has now been compromised by the parties themselves and the same has been filed as a supplementary affidavit as a record before the court. Further, the counsel held that the petitioner has no criminal antecedent. The counsel for the petitioner held that the Additional Sessions Judge, 1st, Gaya, in his order dated 13.10.2020 passed in ABP [No. 4085 of 2019] rejected the prayer for anticipatory bail for the petitioner due to the injury report however the type of injury was not stated. The counsel prays for bail as a compromise has been established between the parties and such a compromise was made without any threat or coercion and the informant himself is unwilling to pursue the case. The additional public prosecutor submitted that the Senior Superintendent of Police, Gaya has also sent a report which shows that the parties have compromised the matter and peace is prevailing in the area. Therefore the Honourable Court concluded that “Given there being peace between the parties and they have voluntarily compromised the matter by filing joint compromise petition in both the cases in February 2021 itself and peace being restored in the area, for the ends of justice, the Court deems it appropriate to allow the prayer for pre-arrest bail so that peace between the parties is sustained as otherwise if any side suffers adverse consequences, there are chances of the enmity between the sides reviving. The petitioner is released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty-five thousand) to the Additional Chief Judicial Magistrate. The petition stands disposed of in the aforementioned terms.”