Patna High Court
Ruhi KhatoonversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that in the absence of direct evidence linking the petitioner to the kidnapping and given her clean record, bail should be granted.
Summary
Ruhi Khatoon applied for bail in a kidnapping case (Araria P.S. Case No. 428 of 2025) charged under Sections 137(2), 142 and 3(5) of the B.N.S. and Section 81 of the J.J. Act. The prosecution alleged that the infant was kidnapped from a nursing home, but the baby was recovered from Munni Khatoon, not the petitioner. The petitioner argued she was falsely implicated, not named in the FIR, and that only her confessional statement linked her to the crime. The State opposed bail. The court, noting the lack of direct evidence, the recovery of the baby from another accused, and the petitioner’s clean record, ordered that she be released on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- What is the appropriate decision on the petitioner's bail application given the nature of the offences and the evidentiary material?
Legislation cited
- B.N.S. — s. 137(2), 142, 3(5)
Subjects
- bail
- kidnapping
- confessional statement
- judicial custody
- B.N.S.
- J.J. Act
- clean record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8698 of 2026
Arising Out of PS. Case No.-428 Year-2025 Thana- ARARIA District- Araria
======================================================
Ruhi Khatoon, W/o Sahwaz, Resident Of Village- Railway Station, Ward No
07, P.S.- Araria, Dist- Araria
Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Mandal, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-02-2026 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 and 3(5) of B.N.S. along
with Section 81 of the J.J. 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. She has been falsely implicated in this
case. The name of this petitioner is not there in the F.I.R. Her
name has surfaced during investigation wherein she has given
her confessional statement and has stated that one Munni
Patna High Court CR. MISC. No.8698 of 2026(2) dt.17-02-2026
2/2
Khatoon has told her to arrange for the baby. From perusal of
the order of the learned trial Court, it transpires that the baby
was recovered from the possession of Munni Khatoon, not from
the possession of this petitioner. It has also been submitted that
save and except the confessional statement of this petitioner,
there is nothing against her. The story initiates from the Nursing
Home of Ahtesam. Petitioner is a lady. She is having no criminal
antecedent and she is languishing in judicial custody since
16.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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
Additional Sessions Judge 1st-cum-Special Judge, Araria in
connection with Araria P.S. Case No. 428 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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