Petitioners’ released on bail after being arrested under Sections 341, 323, 337, 354-B, 307, 504, and 506/34IPC: High court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44221 Arising Out of PS. Case No. 287 Year 2019 Thana SAHPUR District Bhojpur 1. Kasim Mansuri @ Md. Kasim Mansuri age 55 yrsS o Late Madhu 2. Md. Jubrail Mansuri @ Md. Zibrail Mansuri age 48 yrsS o Late 3. Gyasuddin Mansuri @ Md. Gyasuddin Mansuri age 22 yrsS o Late Sultan Mansuri Sultan Mansuri Firoz Mansuri @ Md. Firoz Mansuri age 35 yrsS o Late Sultan 5. Md. Aslam Mansuri age 42 yrsS o Late Sultan Mansuri All resident of village Ranisagar P.S. Shahpur District Bhojpur ... Petitioner s The State of Bihar For the Petitioner s For the Opposite Party s CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH Mr. Md. Ataul Haque Advocate Mr. Jharkhandi Upadhyay APP ... Opposite Party s Date : 23 07 2021 The matter has been heard via video conferencing 2. Heard Mr. Md. Ataul Haque learned counsel for the petitioners and Mr. Jharkhandi Upadhyay learned Additional Public Prosecutorfor the 3. The petitioners apprehend arrest in connection with Shahpur PS Case No. 2819 dated 24.10.2019 instituted under Sections 341 323 337 354 B 307 504 and 506 34 of the Indian Penal Code Patna High Court CR. MISC. No.44221 dt.23 07 2021 4. The allegation against the petitioners is of assault on the informant and other relatives and also of tearing her clothes and snatching of nose ring ear tops and other 5. Learned counsel for the petitioners submitted that they have been falsely implicated and the incident occurred with regard to dispute of erection of an electric pole on 22.10.2019 at 1:00 PM for which the petitioner no. 1 has lodged Shahpur PS Case No. 2819 on 24.10.2019 under Sections 341 323 307 504 and 506 34 of the Indian Penal Code against the informant and her family members and the present case has been filed after that by way of a defence for the same incident. It was submitted that the petitioners’ side has received grievous injury whereas in the instant case there is no specific allegation against the petitioners and all injuries are simple caused by hard and blunt substance 6. Earlier the Court had called for up to date legible photocopy of the entire case diaries of Sahpur PS Case No. 2819 i.e. the present case as well as the connected case i.e. Sahpur PS Case No. 2819 which also relates to the same 7. Learned APP from the case diaries submitted that Patna High Court CR. MISC. No.44221 dt.23 07 2021 in the present case the injuries are simple except for fracture on the toe of victim Priyanka. It was submitted that both the cases relate to the same incident and there has been injury suffered on both the sides and all are simple in nature except for aforesaid injury on Priyanka in the present case. 8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties in the event of arrest or surrender before the Court below within six weeks from today the petitioners be released on bail upon furnishing bail bonds of Rs. 25 000 of the Code of Criminal Procedure 1973 and furtherthat one of the bailors shall be a close relative of the petitioners that the petitioners and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioners and that they shall cooperate with the Court and the police prosecution. Any violation of the terms and conditions of the bonds or undertaking or failure to cooperate shall lead to cancellation of their bail bonds. Patna High Court CR. MISC. No.44221 dt.23 07 2021 9. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners to the notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the petitioners 10. The petition stands disposed off in the (Ahsanuddin Amanullah J J. Alam 

Summary: The petitioner was arrested under Section 341 IPC,” Punishment for wrongful restraint”, section 323, “ Punishment for voluntarily causing hurt”, section 337, “ Causing hurt by act endangering life or personal safety of others”, section 354-B, “Assault or criminal force to woman with intent to outrage her modesty”, section 307, “Attempt to murder”, section 504, “Intentional insult with intent to provoke breach of the peace”, section 506 “Punishment for criminal intimidation”  and section 34IPC, “Acts done by several persons in furtherance of common intention”. This  is in connection with Shahpur PS Case No. 287 of 2019 dated 24.10.2019 This judgment was given in the high court of Judicature at Patna on the 23rd of July 2021 by Honorable Mr. Justice Ahsanuddin Amanullah in the case of Kasim Mansuri and others v/s the state of Bihar criminal miscellaneous No.4421 of 2021, Mr. Md Haque represented as the advocate for the petitioner and Mr. Upadhyay represented as the additional Public prosecutor for the state of Bihar, the proceedings of the court were held through video conference.   The following are the facts of the case. The petitioners were accused of assaulting the informant and other relatives. They had torn her clothes and snatched her nose ring, ear tops, and other ornaments worn by the informant. However the counsel for the petitioner held that this accusation has been falsely implicated and stated that this incident occurred due to some dispute of erection of an electric pole on the 22nd of December 2019 around 1:00 PM, the counsel held that the petitioner received a grievous injury and the petitioners have actually filed a case against the informant and her family in Shahpur PS Case No. 286 of 2019 on 24.10.2019 under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code. and therefore this present case has been filed as a defense to that same incident. He also conceded there have been no specific allegations against the petitioner and all the injuries were simple in nature. The additional Public prosecutor submitted that even though the injuries were simple, the victim suffered from a fracture on her toe, he also submitted that all the cases relate to the same incident and the injuries suffered by both sides were simple except for the fracture. After considering the facts and circumstances of the case, the court held that the petitioners will be released on bail upon furnishing bail bonds of Rs. 25,000 each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, subject to the conditions laid down in Section 438(2) Cr. P.C.,1973 “(i) that one of the bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute the bond and give undertaking concerning good behavior of the petitioners, and (iii) that they shall cooperate with the Court and the police/prosecution.” The court concluded that “Any violation of the terms and conditions of the bonds or undertaking or failure to cooperate shall lead to cancellation of their bail bonds. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners, to the notice of the Court concerned, which shall take immediate action on the same after giving the opportunity of hearing to the petitioners.”