Patna High Court
Asha SinghversusThe Union of India through the Superintendent of Police, C.B.I, SCB, Patna.
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
Asha Singh was arrested in connection with a CBI investigation into alleged violence, sexual exploitation and financial misconduct at a short‑stay home run by NGO Sakhi. The prosecution alleges that she conspired to commit offences under IPC sections 120B, 370(A) and 376(2)(d), as well as offences under the POCSO Act and the Juvenile Justice Act, including facilitating sexual assault of a minor. The petitioner contended that she was falsely implicated, has no prior criminal record, and is willing to cooperate with the trial. The CBI opposed bail, relying on statements of the victim and other witnesses that she physically assaulted victims and enabled illegal activities. Considering the seriousness of the charges and the material on record, the Patna High Court refused bail and dismissed the application.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences under the IPC, POCSO Act and Juvenile Justice Act
- Whether the evidence on record justifies continued detention pending trial
Legislation cited
- Indian Penal Code — s. 120B, 370(A), 376(2)(d)
- Juvenile Justice (Care and Protection of Children) Act — s. 75
- Protection of Children from Sexual Offences Act — s. 5(d), 6
Subjects
- bail
- criminal conspiracy
- rape
- sexual exploitation
- POCSO
- Juvenile Justice Act
- CBI investigation
- NGO short‑stay home
- violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82266 of 2025
Arising Out of PS. Case No.-8 Year-2019 Thana- C.B.I CASE District- Patna
======================================================
Asha Singh Son of Dhirendra Narayan Singh Resident of Village - New
Chandmari, P.S.- Motihari Town, District - East Champaran.
... ... Petitioner/s
Versus
1. The Union of India through the Superintendent of Police, C.B.I, SCB, Patna.
Bihar
2. The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Y.V.Giri, Sr. Advocate
Mr.Avinash Kumar Singh, Advocate
For the C.B.I. : Mr.Sanjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 19-03-2026 Heard Mr. Y.V. Giri, learned Senior Counsel for the
petitioner and Mr. Sanjay Kumar, learned counsel for the
C.B.I.
2. The petitioner seeks bail in connection with
C.B.I. Case No. 08/2019 registered for the offences
punishable under Sections 120B, 370(A), 376(2)(d) I.P.C.
and Sections 5(d), 6 of POCSO Act and Section 75 of J.J.
Act.
3. As per the prosecution case, a report was
submitted by District Programme Officer Pratibha Kumari
Giri regarding irregularities found during a social audit of the
short stay home run by NGO Sakhi. Allegations of violence,
Patna High Court CR. MISC. No.82266 of 2025(6) dt.19-03-2026
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misconduct, and mismanagement led to registration of a
police case, later transferred to the CBI for investigation.
4. Learned Senior Counsel for the petitioner submits
that petitioner has falsely been implicated in the case. It is
next submitted that the petitioner has been in rehabilitation of
a short stay home and from the statement of the victim girl, it
appears that she has assaulted the victim girl and other
members of the short stay home who have been tortured by
her subsequently. Learned Senior Counsel further submits that
she has no criminal antecedent and she is in custody since
17.09.2025. The petitioner undertakes to co-operate in the
case/ trial.
5. Learned counsel for the C.B.I. has opposed the
bail application, relying on the statements of the victim girl
and other victims who have submitted that the petitioner
physically assaulted the victims and facilitated the entry of
unknown men for sexual exploitation in the short stay home.
It is further alleged that the petitioner accepted illegal
payments, providing contraceptive tablets and condoms and
threatened the victims to remain silent.
6. Considering the gravity of the offence and the
materials available on record, this Court is not inclined to
Patna High Court CR. MISC. No.82266 of 2025(6) dt.19-03-2026
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grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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