Crl. Misc. No.M-36754 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-36754 of 2011. Date of decision: December 08, 2011. Usha .. Petitioner VERSUS State of Punjab .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.S.S.Majithia, Adv., for the petitioner. Mr.P.S.Bajwa, DAG., Punjab. M.M.S.BEDI, J (ORAL). The petitioner seeks the concession of regular bail in a case of kidnapping of child under 10 years with an intention to steal it from the person of child. The FIR was registered on the basis of information given to the police that the petitioner along with other co-accused was habitual of kidnapping infants with an intention to hand over the said infants to issueless couples on receipt of hefty amount. The petitioner was allegedly found carrying the infant in her lap along with Navneet and Paramvir Singh. Counsel for the petitioner has submitted that as a matter of fact the child being a 7th daughter of Raj Rani had been handed over by the mother to Ulfat, a midwife for giving her to a person in need of a child. State counsel has vehemently contended that the legal mode to hand over the custody of minor child had not been adopted as such, the petitioner has committed a serious crime. . . Crl. Misc. No.M-36754 of 2011 Reliance has been placed on the affidavit of Raj Rani, the natural mother wherein she has stated that the child being 7th girl child, she has voluntarily handed over the child to Ulfat to hand over the child to any needy couple. In view of above circumstances, the petitioner who has been in custody w.e.f., 28.10.2011, can be granted the concession of bail especially when the custody of the child at present is with the natural mother. The petition is allowed. It is ordered that the petitioner will be released on bail on her furnishing bail bonds/surety bonds to the satisfaction of the trial Court. (M.M.S.BEDI) JUDGE December 14, 2011. rka . .