Patna High Court
SalmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties of equal amount, and an undertaking not to engage in similar criminal activity.
Summary
Salma, a resident of Saharsa, 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, arguing that co‑accused Roshani Khatoon and Maymun Khatoon had been granted bail in similar cases. The High Court considered the serious nature of the allegations, the length of her custody, and her status as a woman, and decided to grant bail. The court ordered her release upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount and an undertaking not to engage in similar criminal activity. The order was made without any comment on the merits of the 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 gender and period of custody justify the grant of bail.
- What conditions, if any, should be imposed on bail in such offences.
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 Act — s. 75
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- flesh trade
- Immoral Traffic (Prevention) Act
- POCSO Act
- Juvenile Justice Act
- gender considerations
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31451 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- SAHARSA SADAR District- Saharsa
======================================================
Salma Daughter of Md. Rajjak Resident of Village- Bharat Nagar ward no 35,
Ps- Saharsa District -Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. XXX W/O YYY B.D.O. Kahra Block, P.S. - Saharsa, Dist. Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha
For the Opposite Party/s : Mr.Rajendra Singh
======================================================
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.
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.
Patna High Court CR. MISC. No.31451 of 2026(2) dt.08-05-2026
2/2
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 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
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.
9. 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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