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
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNS — s. 111, 115(2), 143, 3(5), 70(1), 98, 99
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
- Protection of Children from Sexual Offences (POCSO) Act — s. 17, 4
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
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