Sahjadi Nut @ Shahzadi Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14871 of 2021 Arising Out of PS. Case No.-21 Year-2020 Thana- ANGARH District- Purnia ====================================================== Sahjadi Nut @ Shahzadi Nut female, aged about 30 years, W/o Asgar @ Lal Sahab Nut Resident of Village- Angadh, Police Station- Angadh, DistrictPurnea, presently residing at Istmarar Shahpur, Police Station- Kochadhaman, District- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Hussain, Adv.
For the Opposite Party/s :
Mr. Binod Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-09-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in Angadh PS Case No. 21 of 2020, instituted for the offence under Sections 341,342, 371, 370(A), 372, 373, 376, 120(B) of the Indian Penal Code and
Patna High Court CR. MISC. No.14871 of 2021(2) dt.10-09-2021 2/3 Sections 3,4,5, 6, 7 and 9 of the Immoral Traffic (Prevention) Act, Sections 75, 81, 84 of the J. J. Act, and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 As per allegation in the First Information Report (for brevity 'FIR'), it is stated that on information having been received about practice of prostitution, a raid was conducted and the girls recovered. It is stated that twelve named accused persons, including the petitioner were involved in the said racket.
It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. The petitioner has falsely been implicated in the instant case. The petitioner is in custody since 30.10.2020 having no criminal antecedent. The investigation in the case has been concluded. Similarly situated co-accused have been allowed bail by order dated 07.07.2021 and 26.08.2021 passed in Cr. Misc. Nos. 15665 of 2021 and 14173 of 2021.
The learned APP representing the State has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the
Patna High Court CR. MISC. No.14871 of 2021(2) dt.10-09-2021 3/3 petitioner's counsel. Prayer for bail of the petitioner is allowed. 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 the learned Additional Sessions Judge-7th-cum-Special Judge, (POPCSO) Purnea, in connection with Angadh PS Case No. 21 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T