Patna High Court
Munni Khatoon @ MunniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S., 2023 — s. 137(2), 142, 3(5)
- Juvenile Justice Act — s. 81
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
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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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