Patna High Court
Rajani KashyapversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Rajani Kashyap, was arrested in connection with a case involving alleged supply of minor girls for dancing in an orchestra, and charged under multiple sections of the BNS, the POCSO Act, the Juvenile Justice Act and the Bonded Labour System (Abolish) Act. The prosecution alleged her participation in the alleged exploitation, while the petitioner’s counsel contended that no specific allegation was made against her, she had no criminal antecedent and co‑accused had already been granted bail. The State opposed the bail application. After hearing both sides, the court considered the lack of specific charges, the petitioner’s custody since 4 December 2025, and the precedent of bail to co‑accused. The court decided to grant regular bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of equal amount. The bail order was made to the satisfaction of the District Judge‑VII cum Special Judge, POCSO, Biharsharif, Nalanda.
Issues considered
- Whether regular bail should be granted to the petitioner despite charges under the BNS, POCSO Act, Juvenile Justice Act and Bonded Labour System (Abolish) Act
- Whether the petitioner’s lack of specific allegation and clean record warrant bail
Legislation cited
- BNS — s. 111(4), 143(2), 145, 3(5), 74
- Bonded Labour System (Abolish) Act — s. 16, 17, 18
- Juvenile Justice Act — s. 75, 79
- POCSO Act — s. 8
Subjects
- regular bail
- POCSO
- Juvenile Justice Act
- Bonded Labour System (Abolish) Act
- minor exploitation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16443 of 2026
Arising Out of PS. Case No.-676 Year-2025 Thana- RAJGIR District- Nalanda
======================================================
Rajani Kashyap W/o Shankar Rajput R/0 Village - Singhola Khurd, P.S - Nari,
District - Meruth, State - Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Deo Raj, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 143(2), 145,
74, 111(4) and 3(5) of BNS, Section 8 of POCSO Act, Section
75 and 79 of J.J. Act and Section 16, 17 and 18 of Bonded
Labour System (Abolish) Act.
3. The case of the prosecution is that the petitioner
along with other persons called the girls for dancing in orchestra
who are arrested from the place of occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that there is no specific
allegation against this petitioner. Only allegation against her is
Patna High Court CR. MISC. No.16443 of 2026(2) dt.13-03-2026
2/2
that she was also involved in supplying the girls for dancing in
orchestra. She is not engaged in exploitation of minor girls or
cruelty with any child. Similarly situated other co-accused
persons have already been granted bail by learned co-ordinate
Bench of this court vide Cr. Misc. No. 1491 of 2026. Moreover,
the petitioner is languishing in judicial custody since 04.12.2025
having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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. The above named
petitioner is directed to be released on bail in connection with
Rajgir P.S. Case No. 676 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District Judge-VII cum
Special Judge, POCSO, Biharsharif, Nalanda.
(Ashok Kumar Pandey, J)
shubham/-
U T
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