Kuniya Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72278 of 2024 Arising Out of PS. Case No.-328 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Kuniya Khatoon W/O Md. Salim @ Salam R/O Village- Rehuwa, Ward No. 15, P.S- Baunsi, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kishore Bharti, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-10-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The present Criminal Miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "the BNSS") for seeking regular bail in connection with Raniganj P.S. Case No.328 of 2024 lodged on 22.07.2024 under Sections 93, 98, 99, 111(5) and 143(4) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the F.I.R. has been lodged against four named accused persons including the petitioner against whom allegation made by the informant who is Sub-Inspector of Police that the petitioner herself involved in selling of her minor child at the tune of Rs.50,000/- to a person residing at Higoli, Mumbai.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that for complete adjudication, case diary is required in this case

Patna High Court CR. MISC. No.72278 of 2024(2) dt.03-10-2024 2/2 due to the reason that in the rejection order, it has come that the child of the petitioner went with one person, but in the F.I.R., it has come that they were four in number.

5. Learned Counsel further submits that petitioner is in custody since 23.07.2024 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail and submits that it is a lady Sub-Inspector who with her rigorous effort, recovered the said child and material has come that Rs.50,000/- received by the petitioner in her bank account and it is a petitioner who sell her minor child and it is going on since long and it is due to this reason, this case has been lodged under section 111(5) of the Bharatiya Nyaya Sanhita, 2023 which is said to be an organized crime in which the selling of minor child is being done.

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

(Dr. Anshuman, J.) Prakashmani/- U T