Patna High Court
Tetri KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner, subject to bond and conditions.
Summary
Petitioner Tetri Khatoon, accused of offences under the B.N.S., Immoral Traffic (Prevention) Act, POCSO Act and the Juvenile Justice Act, was in custody since 9 January 2026. She applied for bail, arguing that similarly situated co‑accused had been granted bail. The High Court considered the nature of the allegations, the duration of custody, and the petitioner’s status as a woman. Noting the precedent of bail granted to Roshani Khatoon and Maymun Khatoon, the Court allowed the bail application. The order directed release on a bail bond of Rs.10,000 with two sureties and an undertaking not to engage in similar criminal activity, without expressing any view on the merits of the case.
Issues considered
- Whether the petitioner is entitled to bail despite serious charges under multiple statutes
- Whether the precedent of bail granted to co‑accused warrants similar relief
Legislation cited
- B.N.S. — 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 (Care and Protection of Children) Act — s. 75
- POCSO Act — s. 4, 6
Subjects
- bail
- POCSO
- immoral traffic
- women's rights
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27486 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- SAHARSA SADAR District- Saharsa
======================================================
Tetri Khatoon Wife of Md. Islam Resident of village- Bhartiya nagar Ward no.
35, Ps and Dist- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. The Block Development officer, kahra, Ps and Dist- Saharsa bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Singh
For the Opposite Party/s : Mr.Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
POCSO RBA No. 11 of 2026 arising out of 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.
5. Learned counsel submits that similarly situated co-
Patna High Court CR. MISC. No.27486 of 2026(2) dt.08-05-2026
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accused namely, Roshani Khatoon and Maymun Khatoon @
Maimun Khatoon were granted regular bail vide orders dated
07.04.2026 and 15.04.2026 passed in Cr. Misc. Nos. 21716 of
2026 and 23822 of 2026 respectively.
6. 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.
7. 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 POCSO RBA No. 11 of 2026 arising
out of Saharsa Sadar P.S. Case No.28 of 2026.
8. As a condition of the order, the Court below before
accepted the bail bonds shall also ensure that the petitioner gives
an undertaking in the form of an affidavit that she will not
indulge herself in such kind of criminal activities in future and if
she is found involved in any such activities, her bail bonds shall
be cancelled.
9. 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
Patna High Court CR. MISC. No.27486 of 2026(2) dt.08-05-2026
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application.
(Sandeep Kumar, J)
Vikas/-
U
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