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Patna High Court

Sarika @ Sarika KumariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail is denied to the petitioners.

Summary

The petitioners, three women from Badiha village, filed an anticipatory bail application fearing arrest in a case alleging trafficking of minor girls and operation of a brothel disguised as an orchestra. The prosecution’s case is based on a police raid prompted by an informant’s report and statements of recovered minor girls, one of whom alleged that the petitioners had been sending her for illegal activities for two years. The petitioners contended they were not present at the raid, had no role in the alleged brothel, and possessed a clean antecedent. The State argued that the petitioners were named accused and that a similar anticipatory bail petition by a co‑accused had been rejected. After reviewing the statements and noting the prior rejection of anticipatory bail for a co‑accused, the Court declined to grant anticipatory bail to the petitioners.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in view of the allegations and the statements of the minor girl.
  • Whether the prior rejection of anticipatory bail for a co‑accused influences the grant of bail to the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • trafficking of minors
  • brothel
  • orchestra
  • POCSO Act
  • Juvenile Justice Act
  • Immoral Traffic Act
  • Bonded Labour Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17068 of 2026
                      Arising Out of PS. Case No.-395 Year-2025 Thana- NASRIGANJ District- Rohtas
                 ======================================================
           1.     Sarika @ Sarika Kumari D/o- Gyanti Devi Resident of Village- Badiha PS-
                  Nasriganj District- Rohtas
           2.    Radhika Rani @ Radhika Kumari @ Radhika Devi D/o- Shivdayal Nat
                 Resident of Village- Badiha PS- Nasriganj District- Rohtas
           3.     Sheela Devi @ Sheela @ Sheela Nat W/o- Rupchand @ Rupchand Nat
                  Resident of Village- Badiha PS- Nasriganj District- Rohtas
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Siddharth Harsh, Advocate
                 For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER
4   20-05-2026                         Heard the learned counsel for the petitioners and

                   the learned APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Nasriganj P.S. Case No. 395 of 2025, for

                   allegedly having committed offence under Sections 143(1), 145,

                   111, 296, 3(5) of BNS, and Sections 4, 8, 13, 14 of the POCSO

                   Act, Sections 75 and 79 of the Juvenile Justice Act, Sections 3,

                   5 and 6 of the Immoral Traffic Act and Sections 16, 17 and 18 of

                   Bonded Labour Act.

                                   3. As per the prosecution case, which has been

                   lodged on the basis of the written report submitted by the

                   informant to the effect that on the basis of the secret information

                   received by the superior police officials regarding trafficking of
Patna High Court CR. MISC. No.17068 of 2026(4) dt.20-05-2026
                                            2/3




          minor girls from different states, a raiding party was constituted

          and raid was conducted in village Bardiha. The police found

          several girls, who were looking to be minor, near the house of

          Radhika Devi, Sonu Nat, Munna Paswan, Sheela Nat, Sarika

          Devi and Rajesh Gupta. The girls disclosed about their illegal

          confinement. Some persons were arrested from the place of

          occurrence, while some escaped from there. It was alleged that

          in the name of orchestra, brothel was being run by the accused

          persons.

                          4. The learned counsel for the petitioners submits

          that the petitioners are innocent and have not committed any

          offence. He further submits that the petitioners were not present

          at the place of occurrence and the name of the petitioners have

          been disclosed by the girls, who are alleged to have been

          recovered by the police, but without there being any specific

          allegation against them. He further submits that the petitioners

          have got no role in either running the orchestra or in any manner

          with the persons concerned with the orchestra. He further

          submits that the petitioners have got a clean antecedent.

                          5. Per contra, the learned APP for the state submits

          that the petitioners have been named in the case along with

          accused persons and they were working for the orchestra
           Patna High Court CR. MISC. No.17068 of 2026(4) dt.20-05-2026
                                                       3/3




                     owners, who were running Brothel in the garb of orchestra. He

                     further submits that anticipatory bail petition of the co-accused

                     Sonu Nat, has been rejected by a Hon’ble Single Judge of this

                     Court vide order dated 08.04.2026 passed in Cr. Misc. No.

                     20575 of 2026.

                                      6. Having heard the rival submissions and after

                     going through the records, it appears that the petitioners are

                     named accused in the present case and from perusal of the case

                     diary, it would transpire that one of the girls has stated in her

                     statement before the police and the Magistrate that the

                     petitioners were sending her to different places for illegal

                     activities for the last two years and she was being forced to do

                     the same. Further, a learned Co-ordinate Bench of this Court

                     vide order dated 08.04.2026 passed in Cr. Misc. No. 20575 of

                     2026 has already rejected the anticipatory bail petition of co-

                     accused Sonu Nat. Considering the above, this court is not

                     inclined to grant the privilege of anticipatory bail to the

                     petitioners and the same is accordingly rejected.



                                                 (Ritesh Kumar, J)
Ajay/Kunal/-

U      T


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