Mantoon Mahton @ Mantun Mahto vs The State Of Bihar on 13 October, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2544 of 2017
Arising Out of PS.Case No. -33 Year- 2017 Thana -MATIHANI District- BEGUSARAI

1. Mantoon Mahton @ Mantun Mahto, S/o Prem Mahton, Resident of
Village- Matiharni Kharidi, P.S. Matihani, District- Begusarai.

…. …. Appellant/s
Versus
1. The State of Bihar.

…. …. Respondent/s

Appearance :
For the Appellant/s : Mr. Pramod Kumar Singh
For the Respondent/s : Mr. Smt Usha Kumari No-1

CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER

4 13-10-2017 Heard the parties.

The appellant seeks regular bail in connection with

Matihani P.S. Case No.33 of 2017, registered for the offences

punishable under Sections 376/511 of the Indian Penal Code and

Section 3 (1 ) (W)(1) of SC/ST Act.

Allegation against the appellant is that he attempted to

commit rape upon the informant.

It appears that earlier the appellant moved this Court

and his prayer for bail was rejected with a direction to renew his

prayer for bail after framing of charge.

Submission of the learned counsel for the appellant is

that now the charges have already been framed and the appellant is

in jail custody since seven months. FIR itself shows that at best
Patna High Court CR. APP (SJ) No.2544 of 2017 (4) dt.13-10-2017

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it is a case under Section 354 IPC and not under Sections 376/511

IPC. It is also submitted that allegation in FIR suggests that the

petitioner is suffering from mental disease.

Heard learned Special P.P. as well as learned counsel for

the informant also and they have opposed the prayer for bail.

Having heard both sides in view of the above facts and

circumstances, this appeal is allowed and impugned order dated

07.08.2017 passed by learned Special Judge, SC/ST (POA)Act,

Begusarai in Matihani P.S.Case No. 33/2017 is hereby set aside.

Let the appellant above named be released on bail on

furnishing bail bond of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of learned

Special Judge, SC/ST (POA) Act, Begusarai in connection with

Matihani P.S.Case no. 33 of 2017, subject to the following

conditions:

(i) One of the bailors of the appellant shall be local

person having sufficient immovable property within the

jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper

with the evidence.

(iii) The appellant shall co-operate in the disposal of

the trial and make himself available as and when required by the
Patna High Court CR. APP (SJ) No.2544 of 2017 (4) dt.13-10-2017

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court concerned and on the event of failure on his part to appear

before the court below on two consecutive dates without showing

any genuine reasons, the prosecution will be free to move for

cancellation of his bail bonds.

However, the trial court is directed to expedite the

trial and try to conclude the same as early as possible preferably

within a period of none months.

(Vinod Kumar Sinha, J)
singh/-

U T

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