Darakasha Khatoon @ Darakasha KhatunversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23530 of 2026
                         Arising Out of PS. Case No.-169 Year-2025 Thana- Salmari District- Katihar
                 ======================================================
                 Darakasha Khatoon @ Darakasha Khatun W/o Md. Musharraf Alam @
                 Musharrf Alam R/o Village - Belbari, P.S - Salmari, District - Katihar

                                                                                      ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Harish Chandra Patel, Advocate
                                                    Ms. Isha Mishra, Advocate
                 For the Opposite Party/s :         Ms. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   16-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for grant of regular bail

                   in connection with a case registered for the offence punishable

                   under Section 97 of the BNS.

                                 3. The case of the prosecution, in brief, is that the

                   informant had gone to fetch vegetables along with her two

                   children and her mother-in-law. It is alleged that a lady came

                   there, took away the minor son of the informant, and thereafter

                   disappeared.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in the

                   present case. It is contended that the name of the petitioner does
Patna High Court CR. MISC. No.23530 of 2026(2) dt.16-04-2026
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          not find place in the F.I.R., and the informant claims to have

          identified the petitioner from CCTV footage. It is further

          submitted that the petitioner was known to the informant prior

          to the occurrence and had taken the child only for the purpose of

          consoling him, without any intention to kidnap or abduct. It is

          also submitted that, from perusal of the order of the learned

          Trial Court, particularly paragraphs 33, 34 and 35 of the case

          diary, it transpires that after being identified from the CCTV

          footage, the petitioner along with other accused persons

          allegedly admitted their involvement in the occurrence. Learned

          counsel submits that such admission amounts to a confessional

          statement and, save and except the said confessional statement,

          there is no material against the petitioner. It is further submitted

          that the petitioner is a lady and is languishing in judicial custody

          since 24.12.2025, having no criminal antecedent.

                       5. Learned APP for the State has opposed the prayer

          for regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this Court is inclined to enlarge the petitioner on

          bail.

                       7. Accordingly, the above-named petitioner is directed

          to be released on bail in connection with Salmari P.S. Case No.
            Patna High Court CR. MISC. No.23530 of 2026(2) dt.16-04-2026
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                      169 of 2025, on furnishing bail bonds of Rs. 10,000/- (Rupees

                      Ten Thousand) with two sureties of the like amount each, to the

                      satisfaction      of    the    learned      Chief    Judicial   Magistrate,

                      Katihar/concerned Court.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T