Chandni @ Chandni Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47243 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- KHAGAUL District- Patna ====================================================== Chandni @ Chandni Khatoon W/O Rameshwar Prasad Gupta @ Rameshwar Kumar Gupta R/O Village- Kanchanpur, P.S.- Amhara (Bihta), District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Tiwary, Adv For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Khagaul P.S. Case No. 62 of 2024 dated 23.02.2024 registered for the offences punishable u/ss 341, 363, 370, 372, 120B read with section 34 of the Indian Penal Code and sections 75/80 and 81 of the J.J. Act.
3. As per the prosecution case, on secret informant, police intercepted a car and a motorcycle and recovered a newly born child from the possession of the co-accused Usha Devi who was sitting in the car and one male and female riding on the said motorcycle. On interrogation, the co-
Patna High Court CR. MISC. No.47243 of 2024(2) dt.25-07-2024 2/3 accused Usha Devi said that she had taken the said child from the co-accused Dr. Permanand Kumar, Proprietor of Manipal Emergency Hospital, Agamkuan, Patna and was going to deliver the same to another person. It is alleged that the coaccused persons were involved in the business of child trafficking.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said newly born child was recovered from the possession of the co-accused Usha Devi. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has sprung up in the confessional statement of the co-accused Sanju Kumari. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 15.05.2024 passed in Cr. Misc. No. 34887 of 2024. Neither the said seized vehicle nor the child belongs to the petitioner. The petitioner is a lady. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.47243 of 2024(2) dt.25-07-2024 3/3 of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur, Patna in connection with Khagaul P.S. Case No. 62 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T