Patna High Court
Anu KhatunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to a cash bond, two sureties, verification of clean antecedent and an undertaking not to re‑offend.
Summary
Anu Khatun was arrested in connection with a flesh‑trade case (Saharsa Sadar P.S. Case No.28 of 2026) 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 had been in custody since 9 January 2026 and claimed a clean antecedent. Her counsel highlighted that co‑accused Roshani Khatoon and Maymun Khatoon had been granted regular bail in similar cases. The High Court, considering the nature of the allegations, the period of detention and the petitioner’s gender, allowed the bail application subject to a cash bond of Rs 10,000, two sureties of equal amount, verification of her antecedent, and an affidavit undertaking not to engage in such activities again. The Court expressly stated that it was not expressing any view on the merits of the case.
Issues considered
- What is the appropriateness of granting bail to a woman accused of flesh‑trade and related offences under the B.N.S., ITPA, POCSO and JJ Acts?
- Whether the conditions imposed – bond, sureties, verification of antecedent and an undertaking – are lawful and sufficient for bail in such cases?
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 (JJ) Act — s. 75
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- immoral traffic
- POCSO
- juvenile justice
- women offender
- verification of antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28192 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- SAHARSA SADAR District- Saharsa
======================================================
Anu Khatun W/O Md. Shabbir Ward No. 26, Mohalla- Bhartiya Nagar, P.S-
Sadar, Distt.- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Smt. Abhilasa Pathak Block Development Officer, Karhara, P.S- Saharsa
Sadar, Distt.- Saharsa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar Singh, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 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
Patna High Court CR. MISC. No.28192 of 2026(2) dt.07-05-2026
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claims clean antecedent.
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 Additional Sessions Judge-V- cum-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
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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.
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)
P. Kumar
U T
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