Najama Khatoon @ Najma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5955 of 2022 Arising Out of PS. Case No.-53 Year-2021 Thana- DARBHANGA RAIL P.S. DistrictSamastipur ====================================================== 1.

NAJAMA KHATOON @ NAJMA KHATOON WIFE OF MD. AJAL @ MD. AZAM R/O - AHIRWA TOLA, P.S.- RAXAUL, DISTRICT- EAST CHAMPARAN 2.

MEGHNATH MAHTO SON OF LATE ASARFI MAHTO R/O - AHIRWA TOLA, P.S.- RAXAUL, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with G.R.P. Rail Darbhanga (Sitamarhi) Case No. 53/ 2021, instituted for the offence under Sections 363, 365, 367, 324, 120(b) of the Indian Penal Code.

As per F.I.R., when the informant was sitting at platform no. 1 that her sick child started crying and the informant got engaged and at that very moment a male person fled away with informant's six years aged daughter. After

Patna High Court CR. MISC. No.5955 of 2022(2) dt.09-06-2022 2/3 sometime when the informant did not find her daughter around her then she started carrying and weeping upon which GRP police and other passengers nearby persons assembled there seeing this one female and a male started fleeing away from that place and consequently GRP police reached there and caught them, who finally disclosed their name as petitioners. Later on the daughter of the informant was recovered from near by Eid Gah and was brought back.

Learned counsel for the petitioners submits that petitioner have clean antecedent. They are in judicial custody since 21.09.2021. It is further stated that victim was not recovered from the conscious possession of these petitioners and there is no specific allegation against the petitioners. The petitioners have no concern with the alleged crime and unknown co- accused person.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail application of the petitioners. Considering the fact that the petitioners are in custody since 21.09.2021, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, (Rail), Samastipur in

Patna High Court CR. MISC. No.5955 of 2022(2) dt.09-06-2022 3/3 connection with GRP Rail Darbhanga (SMI) Case No. 53/2021. (Khatim Reza, J) Ranjeet/- U T