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Patna High Court

Rani KhatoonversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

Rani Khatoon was arrested in connection with a case alleging that three minor girls were rescued from her residence and forced into prostitution, invoking offences under the BNS, Immoral Traffic (Prevention) Act, Juvenile Justice (Care and Protection of Children) Act and the POCSO Act. The prosecution’s case relied on the recovery of the minors, while the defence highlighted that the girls, in statements recorded under Section 183 of the BNS, denied any illegal act and said they were engaged in their regular work. The petitioner, already in judicial custody since 17‑12‑2025, sought bail, contending lack of victim support and a single prior criminal case. The State opposed bail on the ground of the serious nature of the offences and the petitioner’s antecedent. After hearing both sides, the Court granted bail subject to conditions including a near‑relative bailor, mandatory presence in court, a prohibition on committing similar offences, and verification of the petitioner’s criminal antecedent before accepting the bail bond. The bail was ordered on a bond of Rs.10,000 with two sureties of equal amount.

Issues considered

  • Whether bail can be granted to an accused charged with offences under the Immoral Traffic (Prevention) Act, Juvenile Justice Act and POCSO Act involving minor victims.
  • Whether the victims' statements under Section 183 of the BNS, denying any illegal act, affect the bail consideration.
  • Whether the petitioner’s prior criminal antecedent justifies denial of bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • Immoral Traffic (Prevention) Act
  • juvenile justice
  • minor victims
  • forced prostitution
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10561 of 2026
                     Arising Out of PS. Case No.-822 Year-2025 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
                 Rani Khatoon W/o Manzoor Khalifa R/o Village- Boha Tola Ward No.02, P.S-
                 Sitamarhi, Dist- Sitamarhi.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Mr. X Mobile No. 8452095282 C/o Late Kapildeo Gupta R/o Village- Plot
                 No.140 Pahalwan Marg Kanjhawala, P.S- Rohini, Dist- Rohini, North West
                 Delhi, Pin Code 110081.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hans Lal Kumar, Advocate
                 For the Opposite Party/s :        Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   01-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sitamarhi P.S. Case No.822 of 2025 registered for the

                   offence punishable under Sections 87, 137(2), 64, 144(1), 145,

                   146, 61(2)(a), 3(5) of the BNS, under Sections 3, 4, 5, 6, 7, 8, 9

                   of Immoral Traffic (Prevention) Act, under Sections 75, 81, 84

                   of the Juvenile Justice (Care and Protection of Children) Act as

                   well as under Sections 4, 6, 7, 8, 9, 10 of the POCSO Act.

                                3. The case of the prosecution, in short, is that from

                   the house of this petitioner three minor girls were recovered. It

                   is alleged that this petitioner has forced them to prostitution.
Patna High Court CR. MISC. No.10561 of 2026(3) dt.01-04-2026
                                            2/3




                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that during course of investigation the

          victims have given their statements under Section 183 of the

          BNSS wherein they have not supported the case of the

          prosecution and they categorically stated that no one has

          committed any illegal act with them and that they were

          apprehended by police while they were indulged in their regular

          work. Learned counsel for the petitioner has further submitted

          that though there is allegation that this petitioner has forced

          these girls but the minor girls have not supported the case of the

          prosecution. Learned counsel for the petitioner has further

          submitted that the petitioner is a lady and is in judicial custody

          since 17.12.2025.

                       5. The application for bail is opposed by learned APP

          for the State. He has stated that the petitioner is having criminal

          antecedent of one case.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail with the condition that

          one of the bailors should be near relative; petitioner shall

          remain physically present on each and every date in the trial

          court; petitioner shall not indulge herself in similar nature of
            Patna High Court CR. MISC. No.10561 of 2026(3) dt.01-04-2026
                                                        3/3




                      offences in future. Learned trial court is further directed to

                      verify the criminal antecedent of the petitioner before

                      accepting the bail bonds.

                                   7. The above named petitioner is directed to be

                      enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten

                      thousand only) with two sureties of the like amount each to the

                      satisfaction of the court of learned District and Additional

                      Sessions Judge-IV-cum-Exclusive Special Judge, (Rape &

                      POCSO Act), Sitamarhi/Concerned court in connection with

                      Sitamarhi P.S. Case No.822 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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