Patna High Court
Rani KhatoonversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNS — s. 137(2), 144(1), 145, 146, 183, 3(5), 61(2)(a), 64, 87
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6, 7, 8, 9
- Juvenile Justice (Care and Protection of Children) Act — s. 75, 81, 84
- POCSO Act — s. 10, 4, 6, 7, 8, 9
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
Checking your session…