Anmol Sultana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43789 of 2017 Arising Out of PS.Case No. -141 Year- 2017 Thana -JAMUI District- JAMUI ====================================================== Anmol Sultana W/o Md. Sahabuddin @ Sonu, R/o Village- Girish Budhiya Khad Moti Mohalla, P.S.- Muffasil, District- Giridih (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bharat Lal For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 23.05.2017 in connection with Jamui P.S. Case No. 141 of 2017 for offences punishable under Sections 363 of the Indian Penal Code later on 364A/34 I.P.C. has been added.

The prosecution case, as lodged by the informant, is that his six year old daughter Guriya Khatoon while sleeping with them disappeared.

It has been submitted by the learned counsel for the petitioner that she is innocent, not named in the F.I.R. and her name surfaced only on the basis of confessional statement of her

Patna High Court Cr.Misc. No.43789 of 2017 (3) dt.17-10-2017 2/3 husband Md. Sonu who had demanded Rs. 5,00,000/- ransom from his mobile for return of victim girl and the mobile used for demand of ransom was also recovered. He submits that the victim girl under Section 164 Cr. P.C. has stated that the petitioner was along with her husband Md. Sonu. No other allegation has been levelled against this petitioner who is a lady and languishing in judicial custody since nearly five months. He submits that she bears no criminal antecedent and her husband Md. Sonu is the nephew of the informant and the informant side are agnates. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner along with co-accused Md. Sonu had kidnapped the minor daughter of the informant and demanded the ransom as is evident from various paragraphs of the case diary.

Considering the facts and circumstances that the petitioner has not been alleged to have been committed kidnapping of the minor daughter of the informant but only allegation is upon her husband, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 141 of 2017, subject to the condition that both bailors would be

Patna High Court Cr.Misc. No.43789 of 2017 (3) dt.17-10-2017 3/3 close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.

(Nilu Agrawal, J) Devendra/- U T