Anticipatory Bail granted to a Lady alleged of assault of a Man, his Wife and his Son: High Court Of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 408320 Arising Out of PS. Case No. 246 Year 2020 Thana JOGAPATTI District West Champaran Sairun Khatoon @ Sairul Khatoon about 50 years Female Wife of Isha 2. Momtaz Mian @ Mumtaz Mian about 30 years Male Son of Isha Mian. 3. Aslam Mian about 57 years Male Son of Late Naresh Mian All residents of Village Padraun PS Jogapatti District West Champaran The State of Bihar ... Petitioner s ... Opposite Party s For the Petitioner s For the State For the Informant Mr. Umesh Chandra Verma Advocate Mr. Mithlesh Kumar Khare APP Mr. Bashishth Narayan Mishra Advocate CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 24 09 2021 The matter has been heard via video conferencing. 2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioners which was 3. Heard Mr. Umesh Chandra Verma learned counsel for the petitioners Mr. Mithlesh Kumar Khare learned Additional Public Prosecutor for the State and Mr. Bashishth Narayan Mishra learned counsel for the 4. The petitioners apprehend arrest in connection with Jogapatti PS Case No. 2420 dated 14.06.2020 instituted Patna High Court CR. MISC. No.408320 dt.24 09 2021 under Sections 341 323 324 307 447 354B 379 504 and 506 34 of the Indian Penal Code 1860 5. The allegation against the petitioners and seven others is of abusing the informant and also of assault on his wife and dragging her leading to her becoming semi naked. Further against some of the accused including petitioners no. 2 and 3 the allegation is that they had snatched the gold nose pin and chain of the wife of the informant and in the process the son of the informant also was assaulted 6. Learned counsel for the petitioners submitted that the allegation of assault is general and omnibus on 10 persons including the petitioners. It was submitted that though there is injury suffered by the informant which has been termed as grievous but the same is the result of only one blow and thus the petitioners may be granted the indulgence of anticipatory bail. It was submitted that for the same incident there is also a counter case and injury has been suffered on the side of the petitioners also. Learned counsel submitted that the petitioner no. 1 at least may be considered for grant of anticipatory bail as she is a lady and it cannot be expected that when nine other male members are assaulting she would also participate in such assault. Further it was submitted that the allegation of snatching of gold nose pin Patna High Court CR. MISC. No.408320 dt.24 09 2021 and chain of the informant’s wife is cosmetic in nature. Learned counsel submitted that the parties being next door neighbours there may have been some scuffle but the same has been blown out of proportion and unfortunately the informant has received head injury and there has been injury on the side of the petitioners 7. Learned APP and learned counsel for the informant submitted that the petitioners were very much party to the assault and the injury is grievous and life threatening 8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties in view of the seriousness of the injury suffered by the informant the Court at this stage would not go into the detail of whether it was the petitioners who had assaulted or not. Thus the Court is not inclined to grant pre arrest bail to petitioners no. 2 and 3 namely Momtaz Mian @ Mumtaz Mian and Aslam Mian respectively and accordingly the petition on their behalf is rejected 9. However in view of petitioner no. 1 namely Sairun Khatoon @ Sairul Khatoon being a lady and the allegation being that she along with nine other male members had assaulted the informant since under normal circumstances it cannot be expected that when nine male members are assaulting she would Patna High Court CR. MISC. No.408320 dt.24 09 2021 also have participated in the assault on the informant and further from the tenor of the FIR there appears to be merit in the submission of learned counsel for the petitioners that the allegation that they had snatched the gold nose pin and chain may also be cosmetic in nature the Court is inclined to allow the prayer for bail of petitioner no. 1 namely Sairun Khatoon 10. Accordingly in the event of arrest or surrender before the Court below within six weeks from today the petitioner no. 1 namely Sairun Khatoon @ Sairul Khatoon be released on bail upon furnishing bail bonds of Rs. 25 000 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate West Champaran at Bettiah in Jogapatti PS Case No. 246 of 2020 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 no. 1 that the petitioner no. 1 and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioner no. 1 andthat the petitioner no. 1 shall co operate with the Court and police prosecution. Any violation of the terms and conditions Patna High Court CR. MISC. No.408320 dt.24 09 2021 of the bonds or the undertaking or failure to co operate shall lead to cancellation of her bail bonds 11. It shall also be open for the prosecution to bring any violation of the foregoing conditions by the petitioner no. 1 to the notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the petitioner 12. The petition stands disposed of in the (Ahsanuddin Amanullah J 

Summary: Petitioners were alleged for assault on the Informant, his wife, and his son. The Assault was by 10 people to which the High Court gave different decisions for each Petitioner and petitioner No. 1 was granted bail on the grounds of being a female and not being capable of assaulting along with 9 other males. The Hon’ble High Court of Patna before Mr. Justice Ahsanuddin Amanullah held such in the matter of Sairun Khatoon and Ors. v. The State of Bihar[Criminal Miscellaneous No. 40836 of 2020]. The facts of the case were the Petitioners were apprehended arrest in relation to Jogapatti PS Case No. 246 of 2020 instituted under sections 341, 323, 324, 307, 447 354B, 379, 504, and 506/34 of Indian Penal Code, 1860. Petitioners were alleged to the assault of informant’s wife and abused physically. The nose pin and chain were also snatched and the informant’s son was also assaulted in the process. Petitioners submitted that though the informant had suffered grievous hurt but the same is the result of just one blow and hence, they may be granted anticipatory bail. They claimed that injury is also suffered by one of the petitioners. Petitioner No. 1, since she was a lady and would not have participated in the assault with the other 9 male petitioners was granted anticipatory bail. The court decided,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of the seriousness of the injury suffered by the informant, the Court, at this stage, would not go into the detail of whether it was the petitioners who had assaulted or not. Thus, the court is not inclined to grant pre-arrest bail to petitioners no. 2 and 3 namely, Mumtaz Mian and Aslam Mian, respectively, and accordingly, the petition on their behalf is rejected.” The Court granted bail to Sairun Khatoon upon furnishing bail bonds of Rs. 25,000 with 2 sureties of the like amount subject to the conditions as per Section 438(2) of Code of Criminal Procedure, 1973, and bailor shall execute the bond and sign an undertaking with regard to good behavior and should cooperate with Court, Police and Prosecution.  The Hon’ble High Court of Patna concluded,” It shall also be open for the prosecution to bring any violation of the foregoing conditions by the petitioner no. 1, to the notice of the Court concerned, which shall take immediate action on the same after giving the opportunity of hearing to the petitioner no. 1.”  The petition was disposed of on the aforementioned terms. Click Here To Read The Judgment