Patna High Court
Shabnam Khatoon @ Sabnam KhatoonversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, a group of women from Forbesganj, Araria, sought regular bail in a case involving alleged offences under the Bihar Narcotic Substances Act, the POCSO Act and the Immoral Traffic (Prevention) Act. The prosecution alleged that a search of Shabnam Khatoon’s house uncovered two girls and a male customer, leading to charges under multiple sections of the aforementioned statutes. The petitioners contended they were falsely implicated, that victim statements were not recorded as directed, and highlighted their lack of criminal antecedents and prolonged pre‑trial detention since 9 August 2025. The State opposed bail, but the Court, noting the petitioners’ circumstances and a similar bail order in Cr. Misc. No. 80793/2025, decided to grant bail. Each petitioner was ordered to be released on a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Special Judge (POCSO) in Araria.
Issues considered
- Whether regular bail should be granted to the petitioners accused under Sections 111, 98, 99, 70(1), 115(2) & 3(5) of the Bihar Narcotic Substances Act, Sections 4 & 17 of the POCSO Act and Sections 3, 4, 5 & 6 of the Immoral Traffic (Prevention) Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 111, 115(2), 3(5), 70(1), 98, 99
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
- Protection of Children from Sexual Offences Act — s. 17, 4
Subjects
- regular bail
- POCSO Act
- Immoral Traffic (Prevention) Act
- Bihar Narcotic Substances Act
- sexual offences
- human trafficking
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81373 of 2025
Arising Out of PS. Case No.-401 Year-2025 Thana- FORBESGANJ District- Araria
======================================================
Hina Khatoon @ Hina Chatoon @ Heena Khatoon Wife of Md. Yunus
Resident Of Village -Referral Road, Ward No 03, Police Station -Forbesganj
District -Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Raghvendra Kumar Singh, SHO of Forbesganj Ps, Dist- Araria bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 76621 of 2025
Arising Out of PS. Case No.-401 Year-2025 Thana- FORBESGANJ District- Araria
======================================================
Salo Khatoon Wife of Md. Jahangir @ Md. Jahangir Nut Resident of Village -
Referral Road, Ward no. 03, Police Station -Forbesganj, District - Araria.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Raghavendra Kumar Singh, S.H.O. of Forbesganj Police Station, Dist. -
Araria. Araria, Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 78058 of 2025
Arising Out of PS. Case No.-401 Year-2025 Thana- FORBESGANJ District- Araria
======================================================
Jugani Khatoon @ Jugni Khatoon W/O Vinod Resident of Village- Referral
Road Ward No. 03, Police Station- Forbesganj, District- Araria
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Raghvendra Kumar Singh, S.H.O. of Forbesganj P.S. Araria
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 78065 of 2025
Arising Out of PS. Case No.-401 Year-2025 Thana- FORBESGANJ District- Araria
Patna High Court CR. MISC. No.81373 of 2025(3) dt.30-01-2026
2/4
======================================================
Shabnam Khatoon @ Sabnam Khatoon S/O Late Md. Illiyas @ Late Iliyas
Resident Of Village- Referral Road, Ward No. 03, Police Station- Forbesganj,
District- Araria
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Raghavendra Kumar Singh, SHO of Forbesganj P.S. Dist.- Araria.
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 81373 of 2025)
For the Petitioner/s : Mr.Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
(In CRIMINAL MISCELLANEOUS No. 76621 of 2025)
For the Petitioner/s : Mr.Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Akshay Lal Pandit, APP
(In CRIMINAL MISCELLANEOUS No. 78058 of 2025)
For the Petitioner/s : Mr.Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 78065 of 2025)
For the Petitioner/s : Mr.Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 30-01-2026 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 111,
98, 99, 70(1), 115(2) & 3(5) of the BNS, under Sections 4 & 17
of the POCSO Act and under Sections 3, 4, 5 & 6 of the
Immoral Traffic (Prevention) Act.
3. The case of the prosecution in short is that when the
house of Shabnam Khatoon was searched, in different rooms of
the house, two girls and one customer were found in
Patna High Court CR. MISC. No.81373 of 2025(3) dt.30-01-2026
3/4
objectionable position. When they were interrogated, they
disclosed their name as Mausami Khatoon, Shabnam Khatoon
and Abdul Jabbar.
4. Learned counsel for the petitioners has submitted
that the petitioners are innocent and have committed no offence.
They have falsely been implicated by the informant merely on
the basis of suspicion. Learned counsel has further submitted
that from perusal of the case diary, it appears that the I.O. of this
case has not recorded the statement of the victims/women who
have been recovered from the place of alleged occurrence
despite direction of the Supervising Authority to record the
statement of the victims/women. As such, only allegation
against the petitioners is only the F.I.R. A statement has been
made in para-3 of these petitions that the petitioners have got no
criminal antecedent. It has also been submitted by learned
counsel for the petitioners that similarly situated other co-
accused person has already been granted bail by this Court vide
order dated 03.12.2025 passed in Cr. Misc. No. 80793 of 2025.
The case of this petitioner stands on similar footing. Moreover,
they are languishing in judicial custody since 09.08.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer of bail to the petitioners.
Patna High Court CR. MISC. No.81373 of 2025(3) dt.30-01-2026
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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
Forbesganj P.S. Case No. 401 of 2025 correspond to Special
(POCSO) Case No.73 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 D.A.J.-VI-cum-
Special Judge (POCSO), Araria.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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