Patna High Court
Maymun Khatoon @ Maimun Khatoon @ Maymul KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail may be granted to the petitioner despite the serious nature of the charges, provided she furnishes the prescribed bond and undertakes not to engage in the alleged activity.
Summary
Maymun Khatoon, the wife of Alijan Gango, was arrested for allegedly running an illegal brothel involving minor girls and was charged under sections of the B.N.S., the Human Trafficking Act, the POCSO Act and the Juvenile Justice Care and Protection Act. She had been in custody since 9 January 2026 and pleaded for regular bail, asserting her innocence and lack of any prior criminal record. The State opposed the bail on the ground of the seriousness of the offences involving minors. The High Court, after considering the facts, the petitioner’s gender and the absence of antecedents, allowed the bail application subject to a bond of Rs 10,000 with two sureties and an undertaking not to engage in such activity in the future. The court directed that any breach of the undertaking would automatically cancel the bail bond.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the B.N.S., Human Trafficking Act, POCSO Act and Juvenile Justice Act
- Whether the petitioner’s gender and lack of prior criminal antecedent justify granting bail
- What conditions, if any, should be imposed on bail in such cases
Legislation cited
- B.N.S. — s. 3(5), 65(1), 96, 98
- Human Trafficking Act — s. 3(2)(a), 3(2)(b), 4(1)2, 5(1)(b), 6, 7, 8
- Juvenile Justice (Care and Protection) Act — s. 75
- POCSO Act — s. 4, 6
Subjects
- bail
- human trafficking
- POCSO
- juvenile justice
- illegal brothel
- women
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23822 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- SAHARSA SADAR District- Saharsa
======================================================
Maymun Khatoon @ Maimun Khatoon @ Maymul Khatoon Wife of Alizan
@ Gango @ Gangwa Nut @ Md. Alijan Gango R/o Village - Bharat Nagar
Ward no. 35, P.S. - Saharsa, Dist. - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Saharsa Sadar P.S. Case No. 28 of 2026 registered for the
offence under Sections 96, 98, 65(1), 3(5) of B.N.S. Sections
3(2)(a), 3(2)(b), 4(1)2, 5(1)(b), 6, 7, 8 of Human traffic Act,
Sections 4, 6 of POCSO Act and Section 75 of Juvenile Justice
Care and Protection Act.
3. As prosecution case, petitioner is alleged of running
an illegal brothel near Saharsa Junction involving minor girls.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has no criminal antecedent. He further
submits that the petitioner is in custody since 09.01.2026
Patna High Court CR. MISC. No.23822 of 2026(2) dt.15-04-2026
2/2
without any fault.
5. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
6. Considering the facts and circumstances of the case
as well as the fact that petitioner is a woman, this application is
allowed.
7. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) 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
8. At the time of accepting the bail bonds of the
petitioner, the Court below shall ensure that the petitioner gives
an undertaking in the form of affidavit that she will no involve
herself in this kind of activity in the future and if she gets
involved in any such activity, her bail bond will be cancelled
automatically.
(Sandeep Kumar, J)
tusharika/-
U T
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