Md. Sartaj Khan @ Md.Sartaj v. The State of Bihar

Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 5 15-05-2023 Heard Mr. Vijay Kumar, learned counsel appearing on behalf of the petitioners and Mrs. Asha Devi, learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in connection with Rajoun P.S. Case No. 264 of 2021 registered under Sections 413, 414, 427 and 429 of the Indian Penal Code and Sections 11(a)(b)(c)(d)(e)(f)(g) of the Prevention of Cruelty to Animals Act, 1960.

3. The prosecution story, in brief, is that 30 cows were seized along with truck bearing registration no. BR-02AA-4614 by an officer in-charge of Rajoun Police Station. Patna High Court CR. MISC. No.57383 of 2022(5) dt.15-05-2023

4. Learned counsel appearing on behalf of the petitioners submits that in terms of provision contained under Section 11 of the Prevention of Cruelty to Animals Act, 1960, petitioners are ready to deposit the fine before the Court below. Section 11 of the Animals Act, 1960 is reproduced hereunder:

11. Treating animals cruelly.―(1) If any person― “(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes or, being the owner permits, any animal to be so treated; or (b) 1[employs in any work or labour or for any purpose any animal which, by reason of its age or any disease], infirmity, wound, sore or other cause, is unfit to be so employed or, being the owner, permits any such unfit animal to be so employed; (c) willfully and unreasonably administers any injurious drug or injurious substance to 2[any animal] or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by 2[any animal]; or (d) conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering; or (e) keeps or confines any animal in any cage or other receptacle which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement; or (f) keeps for an unreasonable time any animal chained or tethered upon an unreasonably short or unreasonably heavy chain or cord; or (g) being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement; or (h) being the owner of 3[any animal] fails to provide such animal with sufficient food, drink or shelter; or (i) without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst; or (j) wilfully permits any animal, of which he is the owner, to go at large in any street while the animal is affected with contagious or infectious disease or, without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street; or (k) offers for sale or, without reasonable cause, has in his Patna High Court CR. MISC. No.57383 of 2022(5) dt.15-05-2023 possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment; (l) multilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections in the heart or in any other unnecessarily cruel manner; or] (m) solely with a view to providing entertainment— (i) confines or causes to be confined any animal (including tying of an animal as a bait in a tiger or other sanctuary) so as to make it an object of prey for any other animal; or (ii) incites any animal to fight or bait any other animal; or] (n) organises, keeps, uses or acts in the management of, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes; or (o) promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting; he shall be punishable, 4[in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees and in the case of a second or subsequent offence committed within three years of the previous offence, with fine twenty-five rupees which shall but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both]. (2) For the purposes of sub-section (1), an owner shall be deemed to have committed an offence if he has failed to exercise reasonable care and supervision with a view to the prevention of such offence: Provided that where an owner is convicted of permitting cruelty by reason only of having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine. (3) Nothing in this section shall apply to― (a) the dehorning of cattle, or the castration or branding or nose-roping of any animal, in the prescribed manner; or (b) the destruction of stray dogs in lethal chambers or 5[by such other methods as may beprescribed]; or (c) the extermination or destruction of any animal under the authority of any law for the time being in force; or (d) any matter dealt with in Chapter IV; or (e) the commission or omission of any act in the course of the destruction or the preparation for destruction of any Patna High Court CR. MISC. No.57383 of 2022(5) dt.15-05-2023 animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the allegation made in the F.I.R. as well as submission made on behalf of the petitioners that petitioners are ready to deposit the requisite fine before the Court below and also considering the fact that the original purchaser has purchased all the cow from Kishan Pashu Mela on 09.07.2021 and loaded on the truck. Petitioner nos. 1 and 2 are owner and driver of the said truck respectively and they have no concern with the purchased animals.

7. Considering the aforesaid facts and circumstances, the petitioners, above named, are directed to be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of learned C.J.M., Banka in connection with Rajoun P.S. Case No. 264 of 2021, subject to payment of requisite fine by the petitioners in terms of provision contained under Section 11 of the Prevention of Cruelty to Animals Act, 1960 Patna High Court CR. MISC. No.57383 of 2022(5) dt.15-05-2023 and the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Mantreshwar minu/- U T