Md. Moqeen v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13417 of 2024 Arising Out of PS. Case No.-481 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== Sahida Khatoon W/o Shamim Alam @ Samim R/o Vill - Baro Salimpur, P.O. and P.S. - Barauni, Dist. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 22193 of 2024 Arising Out of PS. Case No.-481 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== Md. Moqeem Son Of Md. Ahmad Resident Of Village -Baro Salempur Tola, Ps -Barauni (Garhara Op), Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 13417 of 2024) For the Petitioner/s :
Mr. Allama Abdur Quadir Jamal Farid, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 22193 of 2024) For the Petitioner/s :
Mr.Shivjee Singh, Advocate For the Opposite Party/s :
Mrs.Sharda Kumari, APP For the Informant :
Mr. Shashank Shekhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-03-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 366 of the Indian Penal Code.
3. The case of the prosecution is that one Shahnawaz
Patna High Court CR. MISC. No.13417 of 2024(4) dt.24-03-2025 2/3 Alam has kidnapped the daughter of the informant. It is further alleged that petitioner Sahida is the mother of the Shahnawaz whereas petitioner Md. Moqeem is a villager. In this case, victim has still not been recovered.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The main thrust of allegation is against Shahnawaz. Petitioner Sahida Khatoon is mother of the Shahnawaz and petitioner Md. Moqueem is a co-villager. During investigation, witnesses have stated that the petitioners have aided Shahnawaz in kidnapping the victim but from perusal of the statement of the witnesses it does not transpire as to what is their role and how they have aided the main accused Shahnawaz. The nature of allegation against them is general and omnibus. Moreover, the petitioner Sahida Khatoon is languishing in judicial custody since 02.09.2023 and petitioner Md. Moqueem is languishing in judicial custody since 30.01.2024.
5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is
Patna High Court CR. MISC. No.13417 of 2024(4) dt.24-03-2025 3/3 inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Barauni P.S. Case No. 481 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai. (Ashok Kumar Pandey, J) Shubham/- U T