Patna High Court
Nikki Kaur @ Nikki KourversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner on the condition of a Rs. 10,000 bond and two sureties.
Summary
Petitioner Nikki Kaur was arrested in a case alleging offences under the B.N.S., POCSO Act, Juvenile Justice Act and the Bonded Labour System Act after a police raid rescued two minor girls from an orchestra where they were said to be dancing to vulgar songs. The girls alleged that the petitioner, their paternal aunt, had brought them to the location and that they were ill‑treated and underpaid, but did not specifically accuse her of sexual exploitation. The petitioner, a 57‑year‑old woman with no prior criminal record, sought bail, arguing the lack of any specific charge of sexual abuse and her familial relationship to the victims. The State opposed bail, relying on the allegations in the FIR. The Court considered that no specific allegation of sexual exploitation was made against the petitioner and, given her clean record and relation to the victims, ordered her release on bail with a bond of Rs. 10,000 and two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the B.N.S., POCSO Act, Juvenile Justice Act and Bonded Labour System Act.
- Whether the absence of a specific allegation of sexual exploitation warrants bail.
- Whether the petitioner’s familial relationship to the minor victims affects the bail decision.
Legislation cited
Subjects
- bail
- POCSO
- child protection
- sexual exploitation
- minor girls
- orchestra
- bonded labour
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36396 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- MAHILA P.S. District- Saran
======================================================
Nikki Kaur @ Nikki Kour W/o Late Master Singh @ Sukhbindar Kour
Resident of village- Netaji Nagar Colony, D Block Khatal Durgapur, P.S.-
Vardhawan Sadar, District - Durgapur (West Bengal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Parasar, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 10-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 79, 111, 143(1), 145, 98,
296 and 3(5) of the B.N.S., Sections 10, 8 and 12 of the
POCSO Act, Section 79 of the J.J. Act and Section 16 of the
Bonded Labour System Act.
3. As per the prosecution case, on the basis of
secret information, a raid was conducted by the police and two
minor girls were recovered from the spot. Upon inquiry from
them, it was stated that the petitioner had brought them there,
where they were residing and also dancing on vulgar songs.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.36396 of 2026(2) dt.10-06-2026
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the informant of this case is a police officer and the matter
relates to the recovery of two minor girls from an orchestra
team and upon inquiry from them it was stated by them that the
present petitioner was their paternal aunt and she had brought
them there, where they were residing and also dancing on
vulgar songs. It has also been stated that they were not being
given enough remuneration and were also ill-treated. It is
further submitted that from the F.I.R itself, it would be clear
that the victim girls were related to the petitioner and she is a
lady against whom there is no specific allegation of any sexual
exploitation. It also appears from the bail rejection order that
in the statement of the victim under Section 183 of the BNSS,
it has only been stated that while the age of one girl was 15
years, other was 18 years of age and they were only engaged in
dancing. Further, the petitioner is a 57 years old lady having no
criminal antecedent and is in custody since 13.03.2026.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the fact that there is no specific
allegation of any sexual exploitation on the petitioner and she
Patna High Court CR. MISC. No.36396 of 2026(2) dt.10-06-2026
3/3
also happens to be related to the victim girls, let the above
named petitioner, be released on bail on furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Additional Sessions Judge (POCSO), Saran at
Chapra/concerned Court below in connection with Mahila P.S.
Case No. 33 of 2026.
(Soni Shrivastava, J)
Anand/Ayush/-
U T
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