Created by Fuzzy Cloud

Patna High Court

SAJNA KHATOON @ SAPNA KHATOON @ SAPAN KHATOONversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court inclined to grant bail to the petitioner.

Summary

The petitioner, Sajna Khatoon, was arrested during a police raid on alleged prostitution premises and charged under multiple provisions of the Bihar Negotiable Substances Act, the POCSO Act, the Immoral Traffic Prevention Act, and the Bihar Prohibition and Excise (Amendment) Act. She applied for bail, arguing that the Immoral Traffic Prevention Act does not envisage the arrest of alleged victims or sex‑workers and that her continued detention violates her fundamental rights. The State opposed the bail. The Court noted the petitioner's lack of prior criminal record and the length of her pre‑trial detention since 4 April 2026, and, while refraining from a definitive ruling on the statutory interpretation, inclined to grant bail. Accordingly, the Court ordered her release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. The order is limited to the bail application and does not prejudice the merits of the underlying criminal case.

Issues considered

  • Whether the scheme of the Immoral Traffic (Prevention) Act permits the arrest and detention of an alleged victim/sex‑worker.
  • Whether bail should be granted to the petitioner considering the nature of the charges, the duration of pre‑trial custody, and the absence of any criminal antecedent.

Legislation cited

Subjects

  • bail
  • prostitution
  • Immoral Traffic Prevention Act
  • victim rights
  • fundamental rights
  • POCSO Act
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 39291 of 2026
                     Arising out of PS. Case No.-190 Year-2026 Thana- FORBESGANJ District- Araria
                 ======================================================
                 Sajna Khatoon @ Sapna Khatoon @ Sapan Khatoon W/O Jamshed Alam R/O
                 Vill- Rampur Uttar, Ward No 03, Ps- Forbesganj, Distt- Araria

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kishore Bharti, Adv.
                 For the Opposite Party/s :       Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Forbesganj P.S. Case

                   No. 190 of 2026 registered under Sections 111, 98, 99, 70(1),

                   115(2), 143, 3(5) of the BNS, Sections 4 and 17 of the POCSO

                   Act and Sections 3, 4, 5, 6 of the Immoral Traffic Prevention

                   Act and Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act.

                               3. The allegation is that the police raided a number of

                   houses. The petitioner is alleged to have been found in one of

                   the houses. She is alleged to be engaged in prostitution.

                                4. Learned counsel for the petitioner submits that it is

                   strange that so-called sex-workers are arrested and remanded to

                   judicial custody, whereas there is no provision for their arrest
     Patna High Court CR. MISC. No. 39291 of 2026(2) dt.17-06-2026
                                 2/3




under the Immoral Traffic (Prevention) Act. Such arrest amounts

to victimisation and is violative of their fundamental rights. He

further submits that the petitioner is in custody since 04.04.2026

and has no criminal antecedent.

          5. Learned Additional Public Prosecutor for the State

has vehemently opposed the prayer for bail of the petitioner.

          6. This Court notes the submission of learned counsel

for the petitioner that the scheme of the Immoral Traffic

(Prevention) Act does not contemplate arrest of the alleged

victim or sex-worker, and that continued detention in such

circumstances raises a serious question going to the root of the

matter. This Court does not express any final opinion on this

submission at this stage. Considering, further, that the petitioner

is in custody since 04.04.2026 and has no criminal antecedent,

this Court is inclined to grant bail to the petitioner.

          7. Let the petitioner, above named, be released

on bail on furnishing bail bonds of Rs. 10,000/- (Ten

thousand) with two sureties of the like amount each to

the satisfaction of learned District and Additional

Sessions Judge VI-cum-Special POCSO Judge, Araria

in connection with Forbesganj P.S. Case No.                          190 of

2026.
               Patna High Court CR. MISC. No. 39291 of 2026(2) dt.17-06-2026
                                           3/3




                     8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of           adjudication of             the     present   bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                          (Ansul, J)
Vikash/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.