Patna High Court
Ragni KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners, subject to strict conditions, as the allegations did not warrant continued detention.
Summary
The petitioners, accused in a forced prostitution raid in Bishrampur Tola, sought bail after being in custody since 12 September 2025. The FIR alleged offences under the Bihar Narcotic Substances Act, 2023, the Immoral Traffic (Prevention) Act, 1956, the POCSO Act and the Juvenile Justice Act, 2015. The prosecution opposed bail, citing the seriousness of the charges involving minors. The petitioners argued they had clean antecedents, were merely present at the scene, and faced fabricated allegations with no specific evidence of immoral activity. The court, after considering the circumstances, granted bail to each petitioner on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The order directed the lower court to release the petitioners subject to these conditions.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences under the Immoral Traffic (Prevention) Act, POCSO Act and Juvenile Justice Act.
- Whether the evidence on record justifies denial of bail or warrants its grant with conditions.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 111, 143(1), 143(5), 144(1), 144(2), 61(2), 64(1)
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6, 7
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 75, 79
- Protection of Children from Sexual Offences Act — s. 4, 8
Subjects
- bail
- forced prostitution
- POCSO
- Immoral Traffic (Prevention) Act
- Juvenile Justice Act
- Bihar criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77895 of 2025
Arising Out of PS. Case No.-303 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
1. Komal Natraj D/o Sanjay Natraj R/o Village - Chetan Nagar Colony, P.S -
Maruadih, District - Varanasi (U.P), At present R/o - Bishrampur Tola, P.S -
Sasaram (Muffasil), District - Rohtas
2. Kajal Kumari D/o Sanjit Nath @ Sanjit Nat @ Sanjay Natraj @ Sujit Nat
R/o - Bishrampur Tola, P.S - Sasaram (Muffasil), District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 79350 of 2025
Arising Out of PS. Case No.-303 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
Ragni Kumari D/O Daiji Resident of Village- Bisrampur, P.S.- Sasaram
Muffasil, District- Rohtas. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Divakar Kumar S/O Manoj Kumar A.S.I Sasaram(M) P.S., P.S- Sasaram
(M), Distt.- Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 77895 of 2025)
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
(In CRIMINAL MISCELLANEOUS No. 79350 of 2025)
For the Petitioner/s : Mr. D.K. Sinha, Sr. Advocate
Mr. Jawed Akhtar, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Babu Nandan Prasad, learned counsel
for the petitioners and Mr. Mithlesh Kumar Khare, learned
Additional Public Prosecutor for the State in Cr. Misc. No.
77895 of 2025 and Mr. D.K. Sinha, learned senior counsel for
the petitioner and Mr. Aditya Narayan Singh.1, learned
Additional Public Prosecutor for the State in Cr. Misc. No.
Patna High Court CR. MISC. No.77895 of 2025(2) dt.15-01-2026
2/4
79350 of 2025.
2. Petitioners seeks bail who are in custody since
12.09.2025 in connection with Sasaram (Muffasil) P.S. Case No.
303 of 2025, F.I.R. dated 11.09.2025 for the offences punishable
under Sections 143(1), 143(5), 144(1), 144(2), 64(1), 111, 61(2)
of the BNS, 2023, Sections 3, 4, 5, 6 and 7 of Immoral Traffic
(Prevention) Act, 1956, Sections 4/8 of POCSO Act and
Sections 75/79 of Juvenile Justice Act, 2015.
3. According to prosecution case, the police got
information that forced prostitution racket was running in
village Bishrampur Tola. Upon the said informant, the informant
along with other police personnel reached there and conducted
raid in houses of the accused persons where several men and
women including girls in objectionable condition were found
and some of the girls were found to be minor and they confessed
that they were forced to work in this prostitution racket.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioners have not
committed any offence as alleged in the F.I.R. Although the
petitioners are named in the F.I.R but from perusal of the F.I.R it
Patna High Court CR. MISC. No.77895 of 2025(2) dt.15-01-2026
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appears that there is no specific allegation of immoral activity
attributed against the petitioners. They further submits that the
petitioners have been found in their room and they have been
made accused merely on the ground that they are present at the
place of occurrence but in a separate room of the house. The
present F.I.R has been lodged against them merely on the
ground of suspicion and there is no material on record which
suggest the involvement of these petitioners in the present
occurrence and their statements have been recorded under
Section 164 of the Cr.P.C./183 of the B.N.S.S in which they
have not supported the case of the prosecution. They further
submits that the police after investigation submitted the charge
sheet against the petitioners. The petitioners are in custody since
12.09.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned District & Additional Sessions Judge-VI-cum-Special
Court (POCSO), Sasaram, Rohtas in connection with Sasaram
Patna High Court CR. MISC. No.77895 of 2025(2) dt.15-01-2026
4/4
(Muffasil) P.S. Case No. 303 of 2025, subject to the following
conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, 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.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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