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Patna High Court

Rukhsar Khatoon @ RuksharversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




                       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
                                            3/4




          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
                                                        4/4




                                                      petitioners will be liable to be

                                                      cancelled by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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