The Patna High Court granted bail to the petitioner in a case for拐卖 (trafficking) of women/children, despite his initial failure to appear and a rejected petition to regularize his presence under Section 317 Cr.P.C.
Directions to release the petitioner on bail upon furnishing a bond of Rs. 10,000 with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.34415 of 2012 (2) dt.18-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34415 of 2012
====================================================== Brij Kishore Manjhi, S/o Babulal Manjhi, resident of Village- Chhotaka Manjhi, P.S. Mairwa, District- Siwan. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 18-09-2012 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned counsel for the State. The petitioner has been arrested in connection with Trial No. 98 of 2009, arising out of Mairwa P.S. Case No. 52 of 2004, registered under Section 366A of Indian Penal Code.
This is case of misuse of bail. Earlier the petitioner has been enlarged on bail. However, on 26. 07. 2012 he could not appear in court, though, a petition under Section 317 Cr.P.C. has been filed on his behalf but no one has present to press the petition under Section 317 Cr.P.C. However, the same was rejected on 31. 07. 2012.
Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Adhoc Additional Sessions Judge, 3rd , Siwan, in connection with Sessions Trial No. 98 of 2009, arising out of Mairwa P.S. Case
Patna High Court Cr.Misc. No.34415 of 2012 (2) dt.18-09-2012
No. 52 of 2004, subject to condition that petitioner shall appear on each and every date fixed in this case and any absence shall be subject to satisfaction of the court below on reasonable ground.
m.p.
(Gopal Prasad, J)
1 issue framed by the court
Whether the petitioner granted bail after failing to appear following a rejected application under Section 317 Cr.P.C.
1 provisions across 1 enactments
Brij Kishore Manjhi
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
