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Patna High Court

Munni Khatoon @ MunniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, directing release on a bond of Rs. 10,000 with two sureties.

Summary

Munni Khatoon applied for bail in a kidnapping case (Araria P.S. Case No. 428 of 2025) involving alleged abduction of an infant from a nursing home. The prosecution alleges the infant was recovered from the petitioner, whose name appeared only in a co‑accused’s confessional statement, not in the FIR. The petitioner contended she was handed the child by the co‑accused, had no knowledge of the theft, and has no prior criminal record, having been in custody since 25‑10‑2025. The State opposed bail. After hearing both sides, the High Court found the circumstances warranted bail and ordered the petitioner released on a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner in a kidnapping case where her involvement is alleged solely on the basis of a co‑accused’s statement.

Legislation cited

Subjects

  • bail
  • kidnapping
  • juvenile justice
  • criminal procedure
  • co‑accused statement
  • no antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26092 of 2026
                        Arising Out of PS. Case No.-428 Year-2025 Thana- ARARIA District- Araria
                 ======================================================
                 Munni Khatoon @ Munni W/o Late Gul Mohammad Resident of village -
                 Vikas Market, ward no. 21, Araria, P.S.- Araria, Distt.- Araria



                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Araria P.S. Case No. 428 of 2025 registered for the

                   offence punishable under Sections 137(2), 142, 3(5) of the

                   B.N.S., 2023 and Section 81 of the Juvenile Justice Act.

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

                   infant baby of the informant was kidnapped from the Nursing

                   Home of Ahtesam.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.26092 of 2026(2) dt.08-05-2026
                                            2/3




          case. He also submits that from perusal of the FIR, it will

          transpire that the name of this petitioner is not there in the FIR.

          The name of the petitioner has surfaced during the course of

          investigation in the confessional statement of co-accused,

          namely, Ruhi Khatoon, and the infant was allegedly recovered

          from the possession of the petitioner. Learned counsel also

          submits that the infant had been handed over to the petitioner

          by Ruhi Khatoon for taking care of the child, and the petitioner

          had no knowledge that the infant was stolen. It is further

          submitted that it was Ruhi Khatoon who had handed over the

          infant to the petitioner. He further submits that Ruhi Khatoon

          has been granted bail by this Court vide Cr. Misc. No. 8698 of

          2026. Petitioner is a lady. She is having no criminal antecedent

          and she is languishing in judicial custody since 25.10.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court

          is inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Chief
           Patna High Court CR. MISC. No.26092 of 2026(2) dt.08-05-2026
                                                       3/3




                     Judicial Magistrate, Araria in connection with Araria P.S. Case

                     No. 428 of 2025.



                                           (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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