Patna High Court
Sangita KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted subject to the stipulated conditions.
Summary
The petitioner, Sangita Khatoon, was arrested on 4 April 2026 in connection with a case alleging that she was running a brothel. The charges included offences under the Bharatiya Nyaya Sanhita, the Protection of Children from Sexual Offences (POCSO) Act, the Immoral Traffic (Prevention) Act and the Bihar Prohibition and Excise Act. The petitioner pleaded innocence, claimed a clean antecedent and sought regular bail, while the State opposed the relief. The High Court examined the nature of the allegations, the petitioner’s custody status and the need to verify her antecedents. It allowed the bail application, directing the lower court to release her on a bail bond of Rs. 10,000 with two sureties, subject to verification of clean antecedent and other conditions. The order was made clear to be prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail can be granted in a case involving multiple serious offences including brothel‑keeping and sexual offences
- Whether the conditions imposed, such as verification of clean antecedent and undertaking against future involvement, are appropriate
Legislation cited
- Bharatiya Nyaya Sanhita — s. 111, 115(2), 143, 3(5), 70(1), 98, 99
- Bihar Prohibition and Excise Act — s. 30(a)
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
- Protection of Children from Sexual Offences Act — s. 17, 4
Subjects
- regular bail
- brothel
- sexual offences
- POCSO
- Immoral Traffic Act
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42442 of 2026
Arising Out of PS. Case No.-190 Year-2026 Thana- FORBESGANJ District- Araria
======================================================
Sangita Khatoon W/o Md. Parvej Resident of Village - Rampur Uttar, Ward
no. 3, P.S - Forbesganj, District - Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Satendra Kumar Gupta, S/o Arun Kumar Gupta, P.S.I cum Addl. S.H.O
Forbesganj Police Station P.S - Forbesganj, District - Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh
For the Opposite Party/s : Mr. Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Forbesganj P.S. Case No. 190 of 2026, registered for offences
punishable under Sections 111, 98, 99, 70(1), 115(2), 143 and
3(5) of the Bharatiya Nyaya Sanhita; Sections 4 and 17 of the
Protection of Children from Sexual Offences Act (POCSO Act);
Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act;
and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the petitioner has been
found to be involved in running a brothel.
Patna High Court CR. MISC. No.42442 of 2026(2) dt.29-06-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 04.04.2026 and claims clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case and the materials available on record, 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 Court below where the case is
pending/successor Court in connection with Forbesganj P.S.
Case No. 190 of 2026 subject to conditions that:-
(i). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed
for purpose of or in the name of verification.
(ii) The petitioner shall appear in
the trial regularly either personally or
Patna High Court CR. MISC. No.42442 of 2026(2) dt.29-06-2026
3/3
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii) While furnishing the bail
bonds, the petitioner shall file an
undertaking stating that henceforth neither
she nor any of her family members shall be
involved 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)
Shishir/-
U T
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