Patna High Court
Roshani KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is to be granted subject to the petitioner furnishing a Rs.10,000 bond with two sureties and verification of her clean antecedent by the trial court.
Summary
The petitioner, Roshani Khatoon, was arrested on 9 January 2026 in connection with a case registered under multiple statutes, including the Bihar Narcotic Substances Act, 2023, the Immoral Traffic (Prevention) Act, 1956, the POCSO Act and the Juvenile Justice Act. She alleged a clean antecedent and argued that her continued detention was unwarranted given the nature of the allegations and her status as a woman. The High Court considered the seriousness of the charges, the period of custody, and the petitioner’s gender in evaluating the bail application. The Court held that bail could be granted provided the petitioner furnished a bail bond of Rs.10,000 with two sureties of equal amount, subject to verification of her clean antecedent by the lower court. The Court expressly clarified that it was not expressing any opinion on the merits of the underlying criminal case. Consequently, the bail application was allowed, and the petitioner was ordered to be released on bail upon compliance with the conditions.
Issues considered
- Whether bail can be granted to the petitioner accused under the Bihar Narcotic Substances Act, 2023, the Immoral Traffic (Prevention) Act, 1956, the POCSO Act and the Juvenile Justice Act.
- Whether the petitioner’s gender and period of custody justify the grant of bail.
- Whether the requirement of a clean antecedent must be verified before bail is finalized.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 61(2), 65(1), 96, 98
- Immoral Traffic (Prevention) Act, 1956 — s. 2, 3(2)(a), 3(2)(b), 4(1), 5(1)(b), 6, 7, 8
- Juvenile Justice Act — s. 75
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- immoral traffic
- POCSO
- juvenile justice
- women’s rights
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21716 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- SAHARSA SADAR District- Saharsa
======================================================
Roshani Khatoon D/O Md. Samsher Alam @ Samshar Alam R/O Vill-
Bhartiya Nagar Ward No.35, P.S. and Distt.-Saharsa.
... ... Petitioner
Versus
1. The State of Bihar
2. The Block Development Officer, Kahra, P.S and Distt.- Saharsa. Bihar
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Pankaj Kumar Singh, Advocate
For the State : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Saharsa Sadar P.S. Case No.28 of 2026 registered for the
offence under sections 96, 98, 65(1), 61(2) and 3(5) of the
B.N.S., 2023, under under sections 3(2)(a), 3(2)(b), 4(1), 2, 5(1)
(b), 6, 7 and 8 of the Immoral Traffic (Prevention) Act, 1956,
under sections 4 and 6 of the POCSO Act and under section 75
of the J.J. Act.
3. The petitioner has been found to be involved
in flesh trade.
4. The petitioner is in custody since
09.01.2026. She claims clean antecedent.
Patna High Court CR. MISC. No.21716 of 2026(2) dt.07-04-2026
2/2
5. Considering the nature of allegation and the
period of custody of the petitioner and also the fact that she is a
woman, this bail application is allowed.
6. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Special Judge, POCSO, Saharsa / concerned Court
below, in connection with Saharsa Sadar P.S. Case No.28 of
2026.
7. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner, shall verify the antecedent of the petitioner. The
bail bonds of the petitioner shall only be accepted by the court
below if it is found that she has clean antecedent.
8. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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