Ayesha Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42163 of 2015 Arising out of PS.Case No. -55 Year- 2015 Thana -HALSI District- LAKHISARAI ====================================================== Ayesha Khatoon, Wife of Mohd. Kalam @ Imran Khan, resident of village - Marwa,P.S. Jamui, District - Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar, Advocate. For the Opposite Party : Mr. Smt.Sangita Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-11-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 06.07.2015 in connection with Halsi P.S. Case No. 55 of 2015 for the offences instituted under Section 364/34 of the IPC.

The prosecution story, in brief, is that Rajeev Kumar is the son of the informant. Rajiv Kumar was posted at Canara Bank, Chewara, as Manager of the Bank. The son of the informant Rajeev Kumar used to go to the Bank from his house, Lakhisarai. It is also alleged that on 13.04.2015 Rajeev Kumar alongwith Bank employee Sumit Suman was coming to his house on a motorcycle bearing Registration No. BR-21C-1304. Rajeev Kumar did not reach at his house. It is also alleged that the

Patna High Court Cr.Misc. No.42163 of 2015 (4) dt.02-11-2015 2/3 informant called Rajeev Kumar and Sumit Suman on their Cell set but switch was off of their Cell set. Subsequently, the informant came to know that one motorcycle is lying at Ramgarh Chowk near the Petrol Pump. The police seized aforesaid motorcycle. The informant arrived there and identified the motorcycle of his son Rajeev Kumar. The informant claimed that the unknown miscreants kidnapped Rajeev Kumar and Sumit Suman. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 06.07.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner.

The petitioner is a lady and she having six months old child who is dependent on her. The petitioner has been made accused only for the reason that she happens to be the wife of co-accused Md. Kalam from whose house the victim boy is said to have been recovered. There is no other evidence to suggest her implication in the present case.

On behalf of the State it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances and the fact that the petitioner is a lady and she having six months old child, let the petitioner above named, be released on bail on

Patna High Court Cr.Misc. No.42163 of 2015 (4) dt.02-11-2015 3/3 furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai, in connection with Halsi P.S. Case No. 55 of 2015.

U.K./- (Sudhir Singh, J) U T