Mantu Rai @ Mantun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50434 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- PATORI District- Samastipur ====================================================== MANTU RAI @ MANTUN RAI S/o Late Kari Rai R/o village- Sahpur Undi, P.S.- Sahpur Patori, District- Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 149, 307, 323, 341, 379, 504 and 506 of the Indian Penal Code registered in connection with Sahpur Patori P.S. Case No. 32 of 2019.

3. It is submitted that the petitioner has been falsely implicated on the accusation of having assaulted the informant with iron rod on her right eye. It is submitted that as a matter of fact the informant suffers permanent disability of 100% blindness of her right eye as evident from her medical certificate dated 14.05.2012 (Annexure-3). Moreover, there is land dispute between the parties arising out of the sale deed executed by the informant's father-in-law in favour of the petitioner's father. Reference is invited to the order of the learned Sessions Judge taking note that despite best efforts the Investigating Officer was not able to procure the informant's injury report from the P.M.C.H. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be

Patna High Court CR. MISC. No.50434 of 2019(2) dt.14-08-2019 2/2 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM IV, Samastipur, in connection with Sahpur Patori P.S. Case No. 32 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T