Patna High Court
Najo KhatoonversusThe State of bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Najo Khatoon was arrested in connection with a case alleging offences under the B.N.S., 2023, the Immoral Traffic Act, the POCSO Act and the Juvenile Justice Act after three minor girls were recovered from her alleged prostitution house. The petitioner contended that she was innocent, that the girls’ statements recorded under Sections 180 and 183 of the B.N.S. merely indicated they were there for personal work, and that she had no prior criminal record. She had been in judicial custody since 20‑02‑2026 and applied for bail, which was opposed by the informant and the State. After hearing both sides, the Court considered the facts and circumstances and decided to grant bail. The order directed the petitioner to furnish a bail bond of Rs 10,000 with two sureties to the satisfaction of the Special Judge, Purnea.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under multiple statutes involving minors.
Legislation cited
- B.N.S., 2023 — s. 143, 144, 145, 180, 183, 3(5), 61(2), 67, 70
- Immoral Traffic Act — s. 3, 4, 5, 6
- Juvenile Justice Act — s. 75, 79
- POCSO Act — s. 12, 17, 4, 6, 8
Subjects
- bail
- prostitution
- minor
- POCSO
- Immoral Traffic Act
- Juvenile Justice Act
- criminal procedure
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28340 of 2026
Arising Out of PS. Case No.-55 Year-2026 Thana- Marnga District- Purnia
======================================================
Najo Khatoon Wife of- Md Firoj Resident of Aaga Tola, Ranipatra, P.S-
Muffasil, District Purnea, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kamal Chetri S/O- Prem Bhadur Chetri Resident of - Repas Bazar, Ward
No-04, P.S -Rangli, District - Darjeeling (West Bengal)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate.
Mr. Kumar Rajdeep, Advocate.
For the Informant : Mr. Sambhav Gupta, Advocate.
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 29-06-2026 Heard learned counsel for the petitioner; learned
counsel for the informant and the learned APP for the State.
2. The petitioner has prayed for bail in connection
with Maranga P.S. Case No. 55 of 2026 registered for the
offence punishable under Sections 143, 145, 144, 67, 70, 61(2)
and 3(5) of the B.N.S., 2023, Sections 3, 4, 5 and 6 of the
Immoral Traffic Act, Sections 4, 6, 8, 12 and 17 of the POCSO
Act and Sections 75 and 79 of the Juvenile Justice Act.
3. The case of the prosecution, in short, is that the
police received an input that certain persons are indulged in
prostitution, and on the said input, three minor girls were
recovered from the prostitution house of this petitioner.
Patna High Court CR. MISC. No.28340 of 2026(4) dt.29-06-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. She has been falsely implicated in this
case. He also submits that two male persons were also
apprehended who disclosed that they have arrived there for
making relationship. He also submits that during the course of
the investigation, the victims of this case (three girls) were
recovered from the so-called prostitution house of this petitioner
and have given their statements recorded under Sections 180
and 183 of the BNSS, and in both statements, they have simply
stated that they have gone there for some personal work and the
police have apprehended them. They have not alleged any kind
of occurrence as detailed in the FIR. He further submits that the
petitioner is a lady having no criminal antecedent and she is
languishing in judicial custody since 20.02.2026.
5. The application for bail is vehemently opposed by
the learned counsel for the informant and the learned APP for
the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.28340 of 2026(4) dt.29-06-2026
3/3
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, Purnea in connection with Maranga P.S. Case No. 55 of
2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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