Patna High Court
Rubi KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to verification of a clean antecedent and compliance with the stipulated conditions.
Summary
Rubi Khatoon, accused of involvement in flesh trade, was arrested on 9 January 2026 and charged under multiple provisions of the Bihar Narcotic Substances Act, 2023, the Immoral Traffic (Prevention) Act, 1956, the POCSO Act and the Juvenile Justice Act. She applied for bail, asserting a clean antecedent. The petitioner’s counsel highlighted that co‑accused Roshani Khatoon and Maymun Khatoon had been granted regular bail in similar cases. Considering the seriousness of the allegations, the duration of custody, and the petitioner’s gender, the Court allowed the bail application subject to verification of her antecedent and the furnishing of a bail bond of Rs.10,000 with two sureties. The order also required an affidavit undertaking not to engage in similar criminal activity, and clarified that the Court did not opine on the merits of the case.
Issues considered
- Whether bail should be granted to the accused in a flesh‑trade case involving offences under the B.N.S., ITPA, POCSO and JJ Acts.
- Whether the petitioner’s claim of a clean antecedent and gender considerations justify bail despite the nature of the offences.
Legislation cited
- Bihar Narcotic Substances Act — 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
- flesh trade
- immoral traffic
- POCSO
- juvenile justice
- criminal procedure
- clean antecedent
- women offender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27531 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- SAHARSA SADAR District- Saharsa
======================================================
Rubi Khatoon D/o Md. Jbbar R/o Vill- Bhartiya Nagar Ward No.35, P.S and
Distt.- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Block Development Officer, Kahra, P.s. and Distt.- 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
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.27531 of 2026(2) dt.08-05-2026
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5. Learned counsel submits that similarly situated co-
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 Saharsa Sadar P.S. Case No.28 of
2026.
8. 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.
9. 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
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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.
10. 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)
Vikas/-
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