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Patna High Court

Jaimun KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the provisional bail previously granted is confirmed, subject to the petitioner undergoing the narco test as directed.

Summary

The petitioner, Jaimun Khatoon, a woman, has been in custody since 24 June 2024 in connection with a missing‑girl case (PS Case No. 519 of 2022). She was granted provisional bail on 23 December 2025, subject to a bond and sureties. The State sought to have a narco test conducted to locate the victim, and the Superintendent of Police filed a counter‑affidavit. The petitioner consented to the narco test, and the court, after hearing counsel, confirmed the provisional bail and ordered the test to be carried out. The court also directed the State to produce the Special Investigation Team’s report on the next hearing and listed the matter for further orders.

Issues considered

  • What is the appropriateness of confirming provisional bail when the investigation, including a narco test, is ongoing?
  • Whether the petitioner’s consent to a narco test suffices to permit its conduct under the investigation.

Subjects

  • provisional bail
  • narco test
  • investigation
  • missing person
  • Criminal Procedure Code
  • bail confirmation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61357 of 2025
                        Arising Out of PS. Case No.-519 Year-2022 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Jaimun Khatoon D/o Kasim Ansari @ Mohammad Kasim Ansari R/o Village
                 - Bhorha, P.S.- Riga, District - Sitamarhi .
                                                                   ... ... Petitioner/s
                                                       Versus
           1.     The State of Bihar
           2.     Farmuddin Ansari S/o Late Abdullah Ansari R/o Village - Bhorha, P.S -
                  Riga, District - Sitamarhi
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashok Kumar Jha
                 For the Opposite Party/s :        Mr.Binod Kumar No. 3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   19-02-2026                    Heard the parties.

                                2. The petitioner was granted provisional bail by this

                   Court vide order dated 23.12.2025 and the same reads as

                   follows:-

                                                 Heard the learned counsel for the
                                   petitioner and the learned counsel for the State.
                                                 2. A counter affidavit has been filed on
                                   behalf of the Superintendent of Police, Sitamarhi.
                                   The petitioner is a woman who is in custody since
                                   24.06.2024. The police is still investigating the
                                   case as the victim girl is traceless.
                                                 3.    The      Superintendent          of    Police,
                                   Sitamarhi will get the Narco test of the petitioner
                                   done in aid of the investigation.
                                                 4. Re-list this case after eight weeks
                                   under the heading “For Orders.”
                                                 5. In the meantime, let the petitioner,
                                   above named, be released on Interim/Provisional
                                   Bail on furnishing bail bonds of Rs. 10,000/- (Ten
                                   Thousand) with two sureties of the like amount
          Patna High Court CR. MISC. No.61357 of 2025(7) dt.19-02-2026
                                                      2/2




                                    each to the satisfaction of the learned concerned
                                    Court below in connection with Riga P.S. Case No.
                                    519 of 2022.
                                 3. Learned counsel for the petitioner submits that the

                    petitioner has consented for Narco Test in aid of the

                    investigation and in view of the same, the interim/provisional

                    bail granted to the petitioner vide order dated 23.12.2025, is

                    hereby confirmed.

                                 4. In view of the above, the Investigating Officer of

                    this Court is directed to get the Narco Test of the petitioner done

                    so that the whereabouts of the victim can be found out.

                                 5. It is directed to the learned counsel for the State to

                    produce the report of the Special Investigation Team which has

                    been formed for recovery of the missing girl on the next date of

                    hearing.

                                 6. List this case after six weeks.

                                 7. Let a copy of this order be communicated to the

                    Superintendent of Police, Sitamarhi through FAX for its

                    compliance.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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