Patna High Court
Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs. 10,000 bond with two sureties.
Summary
Manju Khatoon was arrested in connection with a police raid on a suspected prostitution site and charged under multiple provisions of the POCSO Act, the Immoral Traffic Prevention Act, and the Bihar Prohibition and Excise Act. The petitioner contended that she was falsely implicated, that no incriminating material was found on her, and that she has no prior criminal record, having been in custody since 4 April 2026. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the Patna High Court considered the lack of seized evidence, the petitioner’s clean record, and the precedent of bail granted to co‑accused in a similar case. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the concerned Sessions Judge.
Issues considered
- Whether bail should be granted to an accused facing multiple offences under the POCSO Act, the Immoral Traffic Prevention Act, and the Bihar Prohibition and Excise Act.
- Whether the absence of incriminating material and the petitioner’s clean record justify bail despite the seriousness of the charges.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
- Protection of Children from Sexual Offences (POCSO) Act — s. 111, 115(2), 143, 3(5), 70(1), 98, 99
Subjects
- bail
- POCSO Act
- Immoral Traffic Prevention Act
- prostitution
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45974 of 2026
Arising Out of PS. Case No.-190 Year-2026 Thana- FORBESGANJ District- Araria
======================================================
Manju Khatoon W/o Md. Muslim R/o Village - Rampur Uttar, Ward No. 11,
P.S - Forbesganj, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate.
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail registered for the
offence punishable under Sections 111, 98, 99, 70(1), 115(2),
143 and 3(5) of the POCSO Act and Sections 3, 4, 5 and 6 of the
Immoral Traffic Prevention Act and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The case of the prosecution, in short, is that the
police had information that prostitution is being conducted near
Referral Hospital Road, Rampur Dakshin, Ward No. 3. On this
information, police searched the place and have recovered
numerous persons.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.45974 of 2026(2) dt.08-07-2026
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committed no offence. She has been falsely implicated in this
case. He also submits that the petitioner has recovered from her
house and she was not apprehended in any dubious condition.
No incriminating article was recovered from the possession of
this petitioner. He further submits that similarly situated co-
accused persons have been granted bail by this Court vide Cr.
Misc. No. 40262 of 2026. Moreover, the petitioner is a lady
having no criminal antecedent and she is languishing in judicial
custody since 04.04.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned District
& Additional Sessions Judge-VI-cum-Special Judge, POCSO
Act/ Sessions Judge-VI-cum-Special POCSO Judge, Araria in
connection with Forbesganj P.S. Case No. 190 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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