Mantoon Mahton @ Mantun Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1991 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -MATIHANI District- BEGUSARAI ====================================================== Mantoon Mahton @ Mantun Mahto, S/o Prem Mahton, Resident of Village- Matihani Kharidi, P.S. Matihani, District- Begusarai. .... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Pramod Kumar Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2017 Heard learned counsel for the appellant and learned Special P.P.

This appeal has been filed for setting aside the order the order dated 16.5.2017 passed by Special Judge, SC/ST Act, Begusarai, arising out of Matihani P.S.Case No. 33 of 2017 for the offences under Sections 376, 511 of the Indian Penal Code and 3(I)(w)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for grant of bail to the appellant. Allegation against the appellant is of attempting to commit rape upon the informant.

It has been submitted on behalf of the appellant that appellant is mentally sick, which will appear from his behaviour also mentioned in the FIR that he was also necked while

Patna High Court CR. APP (SJ) No.1991 of 2017 (3) dt.24-07-2017 2/2 attempting to commit rape and it is quite abnormal and he is in custody for more than four months.

Learned Special P.P. has opposed the prayer for bail. Having heard both sides and considering the facts and circumstances and circumstances, I am not inclined to grant bail to the appellant at this stage. He may renew his prayer for bail after framing of charge in this case.

Accordingly, this appeal is dismissed.

(Vinod Kumar Sinha, J) spal/- U