Patna High Court
Tabassum Ara @ SoniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioner is entitled to regular bail as the only incriminating material is the co-accused's confession and no other evidence links her to the offence.
Summary
The petitioner, Tabassum Ara, was implicated in a kidnapping case (Araria P.S. Case No. 428 of 2025) based solely on the confessional statement of co-accused Munni Khatoon, although her name does not appear in the FIR. The charges include offences under sections 137(2), 142 and 3(5) of the B.N.S. and section 81 of the Juvenile Justice (Care and Protection of Children) Act. The petitioner argued she has no material linking her to the crime, has a clean record, and has been in custody since 16-10-2025, while a similarly situated co-accused had previously been granted regular bail. The State opposed the bail. The Court, after considering the lack of substantive evidence against the petitioner and the precedent of bail to the co-accused, ordered that she be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties. The application for bail was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail when the only evidence against her is a co-accused's confessional statement.
- Whether the seriousness of the offences under the B.N.S. and Juvenile Justice Act warrants denial of bail.
- Whether the grant of bail to a co-accused is determinative for the petitioner's bail application.
Legislation cited
- B.N.S. — s. 137(2), 142, 3(5)
- Juvenile Justice (Care and Protection of Children) Act — s. 81
Subjects
- regular bail
- kidnapping
- confessional statement
- co-accused
- Juvenile Justice Act
- B.N.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14406 of 2026
Arising Out of PS. Case No.-428 Year-2025 Thana- ARARIA District- Araria
======================================================
Tabassum Ara @ Soni W/o Mr. Shubhan Sakin Resident of - Azad Nagar, P.S
- Araria, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveer Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Araria P.S. Case No. 428
of 2025 registered for the offences punishable u/s 137(2), 142
and 3(5) of the B.N.S. and Section 81 of the Juvenile Justice
(Care and Protection of Children) Act
3. The case of prosecution, in short, is that the infant
baby of the informant was kidnapped from the Nursing Home.
4. Learned counsel for the petitioner has submitted
that the petitioner is not named in the FIR and has falsely been
implicated in this case. The name of the petitioner has transpired
in this case merely on the basis of confessional statement of co-
accused Munni Khatoon and the infant baby of the informant
was recovered from the possession of Munni Khatoon and not
Patna High Court CR. MISC. No.14406 of 2026(2) dt.12-03-2026
2/2
from the petitioner. It is next submitted that except the
confessional statement of Munni Khatoon there is no material
on record to show the complicity of the petitioner in the said
occurrence. It is also submitted that the similarly situated co-
accused person, namely, Ruhi Khatoon has already been granted
the privilege of regular bail by a co-ordinate Bench of this Court
vide order dated 17.02.2026 passed in Cr. Misc. No. 8698 of
2026. It is lastly submitted that the petitioner has clean criminal
antecedent and is in custody since 16.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Araria, in connection with Araria P.S.
Case No. 428 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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