Patna High Court
Goldi KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court inclined to enlarge the petitioners on bail and granted regular bail to both petitioners.
Summary
The petitioners, Goldi Kumari and Anshu Kumari, were arrested following a police raid on a house in Sasaram where a male and two females were found in a compromising position and the petitioners were later discovered. They were charged with offences under various sections of the Bihar Narcotic Substances Act, the Immoral Trafficking Act, the POCSO Act and the Juvenile Justice Act. The petitioners contended that they were innocent, had no specific allegations against them, the victims said they were not forced, and they had no prior criminal record, having been in custody since 12 September 2025. The State opposed the grant of regular bail. The High Court, noting the lack of specific incriminating material and the fact that similarly situated co‑accused had been granted bail, ordered that the petitioners be released on regular bail upon furnishing a bond of Rs 10,000 each with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioners accused under sections 143(1), 143(5), 144(1), 144(2), 64(1), 111, 61(2) of the B.N.S., sections 3‑7 of the Immoral Trafficking Act, sections 4 & 8 of the POCSO Act and sections 75 & 79 of the Juvenile Justice Act.
Legislation cited
- B.N.S. — s. 111, 143(1), 143(5), 144(1), 144(2), 61(2), 64(1)
- Juvenile Justice Act — s. 75, 79
- POCSO Act — s. 4, 8
Subjects
- regular bail
- immoral trafficking
- POCSO
- juvenile justice
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76821 of 2025
Arising Out of PS. Case No.-303 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
1. Goldi Kumari D/o Late Gorakh Nut Resident of Village - Bisrampur, P.S. -
Sasaram(M), District- Rohtas.
2. Anshu Kumari D/o Late Gorakh Nut Resident of Village - Bisrampur, P.S. -
Sasaram(M), District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Diwakar Kumar S/o Manoj Kumar A.S.I Sasaram (M) Resident of -
Kodiyarhi, P.S - Biharganj, District - Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 10-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a case
registered for the offence punishable under sections 143(1),
143(5), 144(1), 144(2), 64(1), 111, 61(2) of B.N.S., u/s 3, 4,5,6&7
of Immoral Trafficking Act and u/s 4&8 of POCSO Act and
Sections 75 and 79 of J.J. Act.
3. The case of the prosecution is that the house of one
Raju Nut son of Rupchand Nat was raided on the information that
the prostitution is being conducted there and from his house, one
male two females were found in compromising position. It is
further alleged that after further raid in other room, these
Patna High Court CR. MISC. No.76821 of 2025(4) dt.10-02-2026
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petitioners were found.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that there is no
any specific allegations against these petitioners. He has further
submitted that from perusal of the order of the learned trial
court, it will transpire that the victims of this case have stated
that they were not forced for any immoral act. A statement has
been made in para-3 of this petition that the petitioners have got
no criminal antecedent. Moreover, they are languishing in
judicial custody since 12.09.2025. Learned counsel has further
submitted that similarly situated co-accused persons have
already been granted bail by this court vide Cr. Misc. No. 76390
of 2025. The case of these petitioners stands on similar footing.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Sasaram (M) P.S. Case No. 303 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned District and Sessions
Patna High Court CR. MISC. No.76821 of 2025(4) dt.10-02-2026
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Judge-VI cum Special Court (POCSO), Sasaram, Rohtas.
(Ashok Kumar Pandey, J)
shubham/-
U T
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