High Court granted bail to the petitioner under various IPC, IT Act, and S.C./S.T. Act sections in an investigation-related case, ordering a bond of Rs.10,000 with two sureties.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24291 of 2016
Arising Out of PS.Case No. -236 Year- 2015 Thana -NAWANGAR District- BUXAR ====================================================== Guddu Mian @ Guddu Ali, son of Roza Mian, resident of villageNawanagar, P.S.- Nawanagar, District- Buxar. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Singh, Advocate For the Opposite Party/s : Mr. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
3 15-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered under Sections 366, 344, 346, 376, 34 of the Indian Penal Code, Section 5(1)(c)(d) of the Immoral Trafficking Prevention Act and Section 3(i)(xi) of the S.C./S.T. Act.
Petitioner is not named in the F.I.R. but in course of investigation, the petitioner’s name surfaced in this case. The victim was recovered from the house of co-accused Manauwar. The statement of victim was recorded under Section 164 of the Cr.P.C. in which she stated that the petitioner and Saddam took her to Ara from where she was taken by Saddam. Thereafter, after twenty days, Saddam received telephonic call of the petitioner
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who directed Saddam to release the victim and after that she along with Saddam returned to her home but Saddam left the victim at Dildar Nagar and got down from the train and the victim came to Buxar. Subsequently, a boy was sent by the petitioner who took the victim to Banaras where she was sold to Manauuwar.
Contention on behalf of the petitioner is that coaccused Manauwar Khan and some other accused have already been granted privilege of bail by this Court.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named 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 Chief Judicial Magistrate, Buxar in connection with Nawanagar P.S. Case No.236 of 2015.
(Hemant Kumar Srivastava, J)
N.H./U T
1 issue framed by the court
Whether the petitioner, whose name surfaced during investigation but is not named in the FIR, is eligible for bail given that co-accused have already been granted bail.
3 provisions across 3 enactments
Guddu Mian @ Guddu Ali
The State of Bihar
HEMANT KUMAR SRIVASTAVA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
