Patna High Court
Bibi Mariyam @ Mariyam khatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail should be granted as there was no material evidence indicating a risk of flight, tampering with evidence, or intimidation of witnesses.
Summary
The petitioner, Bibi Mariyam, was arrested on charges under multiple statutes including the Bihar Narcotic Substances Act, the POCSO Act, the Immoral Traffic (Prevention) Act, and the Bihar Prohibition and Excise Act, alleged to be involved in prostitution and human trafficking. She applied for regular bail, claiming innocence, a clean antecedent, and willingness to cooperate with the trial, having been in custody since 4 April 2026. The State, represented by the Additional Public Prosecutor, opposed the bail on the seriousness of the offences. The Court examined the nature of the charges, the petitioner’s personal circumstances, and the principle that bail is a right unless the court is convinced of a likelihood of absconding, tampering with evidence, or influencing witnesses. Finding no compelling reason to deny bail, the Court allowed the regular bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- What is the appropriate bail disposition for a petitioner charged under Sections 111, 98, 99, 70(1), 115(2), 143, 3(5) of the Bihar Narcotic Substances Act, Sections 4 and 17 of the POCSO Act, Sections 3, 4, 5, 6 of the Immoral Traffic (Prevention) Act, and Section 30(a) of the Bihar Prohibition and Excise Act?
- Does the petitioner’s claim of innocence, clean antecedent, and willingness to cooperate justify granting regular bail despite the serious nature of the offences?
Legislation cited
- Bihar Narcotic Substances Act — s. 111, 115(2), 143, 3(5), 70(1), 98, 99
- Bihar Prohibition and Excise Act — s. 30(a)
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6
- Protection of Children from Sexual Offences (POCSO) Act — s. 17, 4
Subjects
- regular bail
- prostitution
- human trafficking
- POCSO
- Immoral Traffic Prevention Act
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41524 of 2026
Arising Out of PS. Case No.-190 Year-2026 Thana- FORBESGANJ District- Araria
======================================================
Bibi Mariyam @ Mariyam khatoon Wife of Md. Moharram Khalifa Resident
Of Village-Rampur Uttar, Ward No 3, Police Station -Forbesganj, District
-Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Satendra Kumar Gupta Son of Arun Kumar Gupta P.S.I. Cum Addl. SHO,
Fobesganj Ps, Ps- Forbesganj, Dist- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in the present case
registered for the offences punishable under Sections 111, 98,
99, 70(1), 115(2), 143, 3(5) of the B.N.S. and Sections 4 and 17
of the POCSO Act and Sections 3, 4, 5 ,6 of Immoral Traffic
(Prevention) Act, 1956 and Section 30(a) of Bihar Prohibition
and Excise Act.
3. As per the prosecution case, petitioner is alleged to
be involved in the business of prostitution and human
trafficking.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.41524 of 2026(2) dt.25-06-2026
2/2
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner
claims clean antecedent and he is in custody since 04.04.2026.
The petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, 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/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Addl. Session Judge C
VI-cum-Special POCSO Judge, Araria /concerned Court below
in connection with Forbesganj P.S. Case No. 190 of 2026.
(Sandeep Kumar, J)
tusharika/-
U T
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