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Patna High Court

Anu KhatunversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.28192 of 2026(2) dt.07-05-2026
                                                       3/3




                     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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