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Patna High Court

Najo KhatoonversusThe State of bihar

Decided
Disposal
ALLOWED

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

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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