Md. Ausuf @ Md. Yusuf Azad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54829 of 2021 Arising Out of PS. Case No.-598 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== Md. Yusuf @ Md. Yusuf Azad S/O Abdul Kalam @ Abul Kalam R/O VillagePhoolbaria, P.S- Bajpatti, District-Sitamarhi. ... ... Petitioner
Versus
The State of Bihar .. ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhubala Verma For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-02-2022 The learned counsel for the petitioner seeks permission to make rectification in the pleading made in paragraph-1 of the bail application by 3.3.2022 and learned counsel for the victim submits that though Vakalatnama filed on 14.02.2022 but the same could correctly described the parties, as such, the learned counsel for the victim also seeks permission to rectify the Vakalatnama by 3.3.2022.
Permission is accorded.
Heard learned counsel for the petitioner and learned APP, Mr. Pramod Kumar Pandey for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Sitamarhi P.S. Case No. 598 of 2021 registered for the offences under Sections 363, 365, 366(A), 370, 370(a), 370, 372, 373, 376, 120(B) and 34 of the Indian Penal Code read with Sections 3/4/5/6 of the IT Prevention Act, 1956, section 4 and 6 of
Patna High Court CR. MISC. No.54829 of 2021(3) dt.22-02-2022 2/3 Pocso Act and Section 75 and 79 of the Juvenile Justice(Care and Protection of Children) Act.
The learned counsel submits that the petitioner is in custody since 30.7.2021, is a person with clean antecedent and charge-sheet has been submitted and the informant alleges that the accused persons are entrenched in flesh trade and minor victim were recovered from the house of various accused named in the FIR and the victim disclosed that they are forced in flesh trade. The learned counsel submits that the petitioner was a mere passer-by and a student and he was crossing the road when the alleged searched was being made, as such, nothing specific in the FIR has been alleged against him. It is further submitted that co-accused Meena Khatoon and Heena Khatoon have been granted bail vide order dated 15.2.2022 in Cr. Misc. No.53852 of 2021. The learned counsel further submits that a supplementary affidavit has been filed, rectifying the pleading made in the bail application as well as in the cause title of the bail application and the co-accused Umesh Rai has been granted bail by the order dated 15.2.2022 in Cr. Misc. No. 53900 of 2021.
Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted
Patna High Court CR. MISC. No.54829 of 2021(3) dt.22-02-2022 3/3 and co-accused have been granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI, Sitamarhi, in connection with Sitamarhi P.S. Case No. 598 of 2021.
(Satyavrat Verma, J) Ravi/- U T