Safzal Mansoori @ Sabjal Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38395 of 2020 Arising Out of PS. Case No.-74 Year-2020 Thana- DEWARIA District- Muzaffarpur ====================================================== 1.
SAFZAL MANSOORI @ Sabjal Miyan S/o Gafoor Mansoori @ Gafoor Miyan R/o village- Bisunpur Saraiya, P.S.- Deoriya, District- Muzaffarpur. 2.
Hasboon Begam @ Hasbun Khatoon W/o Safzal Mansoori R/o villageBisunpur Saraiya, P.S.- Deoriya, District- Muzaffarpur. ... ... Petitioners.
Versus
The State of Bihar ... ... Opposite Party.
====================================================== Appearance :
For the Petitioners :
Mr. Arun Kumar, Advocate.
For the State :
Mr. Anant Kumar-1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-07-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 21.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioners and the learned A.P.P. for the State, through Video Conferencing. The petitioners apprehend their arrest in connection with Deoriya P.S. Case No.74 of 2020 registered under Sections 147, 148, 149, 447, 386, 382, 295 and 296 of the Indian Penal Code.
The accusation is that in the evening of 26.05.2020,
Patna High Court CR. MISC. No.38395 of 2020(2) dt.09-07-2021 2/3 the people of Muslim community after entering into the temple of the Math were insulting the idol of God Shiva in the temple. When the Mahanth of the Math made protest, then Nayeem Ansari, Safzal Mansoori (petitioner no.1), wife of Safzal, Jainun Mansoori, wife of Jainun Mansoori, along with 10-15 unknown chased him to kill but feeling fear, he concealed himself in the campus of the temple of the Math. Thereafter, all started to abuse and after some time, they returned. Earlier also, the people of the Muslim community had damaged the property of the temple of the Math and cut the trees.
Learned counsel for the petitioners submits that it would appear from the F.I.R. that the same is not lodged by the Mahanth of the temple of the Math rather the same was lodged by Arti Kumari, Secretary of Sri Kailash Math-Dham Trust. The petitioners have no criminal antecedents. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Mahendra Mishra, Judicial Magistrate, First Class, Muzaffarpur, in connection with
Patna High Court CR. MISC. No.38395 of 2020(2) dt.09-07-2021 3/3 Deoriya P.S. Case No.74 of 2020, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T