Patna High Court
Tanisha Praveen @ Tanisha KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to a Rs.10,000 bond, two sureties of equal amount, verification of clean antecedent, and an undertaking not to resume the alleged criminal activity.
Summary
The petitioner, Tanisha Praveen, was arrested on 9 January 2026 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 applied for bail, asserting a clean antecedent. The learned counsel highlighted that co‑accused Roshani Khatoon and Maymun Khatoon had been granted regular bail in similar cases. Considering the nature of the allegations, the duration of her custody, and that she is a woman, the Court allowed the bail application, directing a bond of Rs.10,000 with two sureties and imposing conditions of antecedent verification and an undertaking not to re‑engage in such activities. The Court expressly stated that it made no comment on the merits of the case.
Issues considered
- The appropriateness of granting bail to the petitioner given the serious nature of the offences under the B.N.S., ITPA, POCSO and JJ Acts.
- Whether the conditions imposed (bond, sureties, antecedent verification, and non‑re‑engagement undertaking) are lawful and sufficient.
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
- flesh trade
- immoral traffic
- POCSO
- juvenile justice
- criminal procedure
- women accused
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29349 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- SAHARSA SADAR District- Saharsa
======================================================
Tanisha Praveen @ Tanisha Khatoon Wife of Md. Aftab Resident of village-
Bhatiya nagar Ward no. 35, Ps and Dist- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Block Development officer, Kahra, Ps and Dist- Saharsa bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Singh, Advocate
For the Opposite Party/s : Mr.Surendra Kumar, 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
claims clean antecedent.
Patna High Court CR. MISC. No.29349 of 2026(2) dt.07-05-2026
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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)
P. Kumar
U T
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