Patna High Court
Najnin Khatun @ Nazani Khatoon @ Najni KhatunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Najnin Khatun, was arrested on charges of running a brothel under multiple statutes, including sections of the B.N.S., the POCSO Act, the Immoral Traffic (Prevention) Act, and the Bihar Prohibition & Excise (Amendment) Act. She pleaded innocence, asserted a clean criminal record, and sought regular bail. The State opposed the bail application, citing the seriousness of the offences. The Court, after considering the facts, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to file an affidavit that she and her family would not engage in such business. The Court also imposed a condition that the lower court verify her antecedent before accepting the bail bond, without causing undue delay. The order is preliminary and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the accused in a case involving offences under the B.N.S., POCSO Act, Immoral Traffic (Prevention) Act and Bihar Prohibition & Excise (Amendment) Act.
- Whether the petitioner’s claim of a clean antecedent and innocence warrants bail despite the seriousness of the charges.
Legislation cited
- Bihar Prohibition & Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S. — s. 111, 115(2), 143, 3(5), 482(2), 70(1), 98, 99
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
- POCSO Act — s. 17, 4
Subjects
- regular bail
- brothel
- POCSO
- Immoral Traffic (Prevention) Act
- Bihar Prohibition & Excise Act
- criminal procedure
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40644 of 2026
Arising Out of PS. Case No.-190 Year-2026 Thana- FORBESGANJ District- Araria
======================================================
Najnin Khatun @ Nazani Khatoon @ Najni Khatun W/O Md. Aslam Resident
of Village- Rampur Uttar ward no. 03, Police Station- Forbesganj, District-
Araria.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/O YYY The Sub-Inspector of Police Cum Additional S.H.O.,
Forbesganj Police Station, Distt.- Araria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana
For the Opposite Party/s : Mr.Mukesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Forbesganj P.S. Case No. 190 of 2026, registered for the offence
under Sections 111, 98, 99, 70(1), 115(2), 143 & 3(5) of the
B.N.S. read with Sections 4 & 17 of the POCSO Act, Sections
3, 4, 5 & 6 of the Immoral Traffic (Prevention) Act and Section
30(a) of the Bihar Prohibition & Excise (Amendment) Act,
2022.
3. As per the prosecution case, the petitioner has been
found to be running a brothel.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.40644 of 2026(2) dt.24-06-2026
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petitioner is innocent and has not committed any offence. The
petitioner is in custody since 04.04.2026 having clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Rs.
Ten Thousand Only) with two sureties of the like amount each
to the satisfaction of the learned Court below where the case is
pending/successor Court in connection with Forbesganj P.S.
Case No. 190 of 2026, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. with further conditions
that:-
(i) At the time of acceptance
of bail bond, the court below shall
verify the antecedent of the petitioner.
The bail bonds shall be accepted only
upon confirmation that the petitioner
has no criminal antecedent. However,
such verification shall not be used as
a ground to unnecessarily delay
acceptance of the bail bond.
(ii) While furnishing the bail
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bond, the petitioner will file affidavit
that henceforth, she or her family
members including her husband will
not involve in such kind of business.
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.
(Sandeep Kumar, J)
sadique/-
U T
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