Patna High Court
Rukhsar Khatoon @ RuksharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioners on the basis of their clean antecedent, the duration of custody, and the filing of the charge sheet.
Summary
The petitioners, Rukhsar Khatoon and Anjali Praveen, were arrested in connection with a Forbesganj police case alleging offences under the Bihar Negotiable (B.N.S.) Act, POCSO Act, Immoral Traffic (Prevention) Act and the Bihar Prohibition and Excise Act, purportedly for involvement in flesh trade and human trafficking. They contended that they were falsely implicated, having been arrested from their homes based merely on the seizure of unused condoms, and highlighted their clean antecedents and the fact that they had been in custody since 4 April 2026 with a charge sheet already filed. The prosecution opposed bail, but the court considered the length of custody, the petitioners’ clean record, and the submission of the charge sheet. The court, applying the provisions of Section 480(3) of the B.N.S.S., ordered that bail be granted on the condition of a Rs.10,000 bond with two sureties and specific compliance conditions. Consequently, the petitioners were released on bail subject to the stipulated conditions.
Issues considered
- Whether the petitioners are entitled to bail under Section 480(3) of the B.N.S.S. given the nature of the offences and the circumstances of their custody.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S. — s. 111, 115(2), 143, 3(5), 70(1), 98, 99
- B.N.S.S. — s. 480(3)
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
- POCSO Act — s. 17, 4
Subjects
- bail
- POCSO
- human trafficking
- immoral traffic
- prohibition law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42020 of 2026
Arising Out of PS. Case No.-190 Year-2026 Thana- FORBESGANJ District- Araria
======================================================
Rukhsar Khatoon @ Rukshar W/o Israrul Haque Resident of village - Rampur
Uttar, Ward No. 3, P.S - Forbesganj, District - Araria
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XX, S/o YY, P.S.I cum Addl. S.H.O, Forbesganj Police Station P.S -
Forbesganj, District - Araria
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 42154 of 2026
Arising Out of PS. Case No.-190 Year-2026 Thana- FORBESGANJ District- Araria
======================================================
Anjali Praveen @ Anjali Praween S/O Md. Aslam @ Md. Asraf R/O Vill.-
Rampur Uttar, Ward no. 3, P.s.- Forbesganj, Dist.- Araria.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Satyendra Kumar Gupta S.I. of Forbisganj P.S. , P.S.- Forbisganj, Dist.
Araria
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 42020 of 2026)
For the Petitioner/s : Mr.Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Md. Aslam Ansari, APP
(In CRIMINAL MISCELLANEOUS No. 42154 of 2026)
For the Petitioner/s : Mr.Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Since both the petitions arise out of Forbesganj P.S.
Case No. 190 of 2026 they are taken up together and are being
disposed of by this common order.
Patna High Court CR. MISC. No.42020 of 2026(2) dt.01-07-2026
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02. Heard learned counsel for the petitioners and
learned APP for the State.
03. In the present case, the petitioners seek bail in
connection with Forbesganj P.S. Case No.190 of 2026 registered
for the alleged offences under Sections 111, 98, 99, 70(1),
115(2), 143, 3(5) of BNS, Sections 4 & 17 of POCSO Act,
Sections 3, 4, 5 and 6 of Immoral Traffic (Prevention) Act and
Section 30(a) of Bihar Prohibition and Excise Act.
04. As per prosecution case, the petitioners and other
co-accused persons were found involved in flesh trade and
human trafficking for prostitution.
05. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. The petitioners were arrested from their own houses
and they have been residing with their husbands and family
members. Merely on seizure of unused condoms, the petitioners
have been made accused in this case. A number of co-accused
persons have been granted bail by different learned Co-ordinate
Benches vide orders dated 17.06.2026, 24.06.2026 and
25.06.2026 passed in Cr. Misc. Nos. 39291 of 2026, 40644 of
2026, 41280 of 2026 and 41524 of 2026, respectively. The
petitioners have got clean antecedent and they are in custody
Patna High Court CR. MISC. No.42020 of 2026(2) dt.01-07-2026
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since 04.04.2026. Charge sheet has been submitted.
06. Learned APP opposes the submission made on
behalf of the petitioners.
07. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioners, their clean antecedent and
submission of charge sheet, the petitioners above named are
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned District & Additional
Sessions Judge-VI cum Special POCSO Judge,
Araria/concerned Court in connection with Forbesganj P.S. Case
No. 190 of 2026, subject to the conditions mentioned in Section
480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
Patna High Court CR. MISC. No.42020 of 2026(2) dt.01-07-2026
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petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
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