Patna High Court
Neha KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner, subject to verification of a clean antecedent and compliance with stipulated conditions.
Summary
Neha Kumari 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 Bihar Narcotic Substances Act, 2023, the Immoral Traffic (Prevention) Act, 1956, the POCSO Act and the Juvenile Justice Act. She applied for bail, asserting a clean antecedent, and her counsel highlighted that co‑accused Roshani Khatoon and Maymun Khatoon had been granted bail in similar cases. The High Court considered the seriousness of the allegations, the duration of her custody, and her status as a woman, and noted the precedent of bail to co‑accused. The Court allowed the bail application, directing that she be released on a bond of Rs.10,000 with two sureties, subject to verification of her clean antecedent and an affidavit undertaking not to resume such activities. The order expressly stated that it did not address the merits of the underlying criminal case.
Issues considered
- Whether bail should be granted to the accused in a flesh‑trade case involving offences under the B.N.S., ITPA, POCSO and JJ Acts.
- Whether the petitioner’s claim of a clean antecedent and the precedent of bail to co‑accused justify granting bail despite the serious nature of the charges.
Legislation cited
- Bihar Narcotic Substances Act — 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 Act — s. 75
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- flesh trade
- immoral traffic
- POCSO
- juvenile justice
- gender
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31096 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- SAHARSA SADAR District- Saharsa
======================================================
Neha Kumari S/o Ram Lakhan Chauhan Resident of Village - Oghpur, P.S.-
Pakribarama, Dist- Nawada at Present C/o-Arvind Kumar @ Chhotu S/o-
Munna Khalifa, Resident of Bhartiya Nagar, Ward No. 35, P.S. and Dist-
Saharsa.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha
For the Opposite Party/s : Mr.Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-05-2026 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.31096 of 2026(2) dt.08-05-2026
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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
Patna High Court CR. MISC. No.31096 of 2026(2) dt.08-05-2026
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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)
Vikas/-
U
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