Sairun Khatoon @ Sairul Khatoon vs The State Of Bihar
2021 Latest Caselaw 4779 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 40836 of 2020
       Arising Out of PS. Case No.-246 Year-2020 Thana- JOGAPATTI District- West Champaran
      ======================================================

1. Sairun Khatoon @ Sairul Khatoon, about 50 years, Female Wife of Isha Mian.

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.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the State : Mr. Mithlesh Kumar Khare, APP For the Informant : 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

allowed.

3. Heard Mr. Umesh Chandra Verma, learned counsel

for the petitioners; Mr. Mithlesh Kumar Khare, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State and Mr. Bashishth Narayan Mishra, learned counsel for the

informant.

4. The petitioners apprehend arrest in connection with

Jogapatti PS Case No. 246 of 2020 dated 14.06.2020, instituted Patna High Court CR. MISC. No.40836 of 2020 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.40836 of 2020 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

also.

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.40836 of 2020 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 @

Sairul 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/- (twenty five

thousand) 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, (i) that one of the bailors

shall be a close relative of the petitioner no. 1, (ii) that the

petitioner no. 1 and the bailors shall execute bond and give

undertaking with regard to good behaviour of the petitioner no. 1

and (iii) that 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.40836 of 2020 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

no. 1.

                      12.     The     petition      stands     disposed         of   in   the

           aforementioned terms.


                                                 (Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR
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