Patna High Court
RAJIYA BEGAM @ KOMALversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to verification of a clean antecedent and compliance with the stipulated bond conditions.
Summary
The petitioner, Rajiya Begam @ Komal, was arrested in connection with a case involving alleged flesh trade and charged under multiple provisions of the B.N.S., 2023, the Immoral Traffic (Prevention) Act, 1956, the POCSO Act and the Juvenile Justice Act. She has been in custody since 9 January 2026 and claims to have a clean antecedent. The High Court considered the seriousness of the allegations, the duration of her detention, and her status as a woman. It allowed her bail application, directing that she furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to verification of her clean antecedent by the lower court. The Court expressly stated that it made no comment on the merits of the case, and the bail order is solely for procedural purposes.
Issues considered
- Whether bail should be granted to the accused in view of the nature of offences under the B.N.S., ITPA, POCSO and JJ Acts
- Whether the petitioner’s claim of a clean antecedent warrants bail despite the seriousness of the allegations
Legislation cited
- B.N.S., 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
- flesh trade
- POCSO
- juvenile justice
- gender
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24232 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- SAHARSA SADAR District- Saharsa
======================================================
RAJIYA BEGAM @ KOMAL W/o MD. ASGAR R/o ward no. 35, Mohalla -
Bhartiya Nagar, P.s.- Sadar, Dist.- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/o Not known Block Development Officer, Karhara, P.S.- Saharsa
Sadar, Dist.- Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Mohan Singh, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 01-07-2026 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
Patna High Court CR. MISC. No.24232 of 2026(4) dt.01-07-2026
2/2
claims clean antecedent.
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)
tusharika/-
U T
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