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Patna High Court

Bibi Mariyam @ Mariyam khatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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