Patna High Court
Rozida KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail may be granted to the petitioners under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, subject to conditions, as there is insufficient direct evidence linking them to the alleged offences.
Summary
The petitioners, parents of a minor orchestra dancer, filed a bail petition fearing arrest in a case involving multiple offences under the Bhartiya Nagrik Suraksha Sanhita, Immoral Trafficking Act, POCSO Act, Child Labour Act and Juvenile Justice Act. The victim’s statement indicated that she handed her earnings to her parents, leading to their implication under the Child Labour Act, though she made no other allegations against them. The State opposed bail, citing the seriousness of the charges. The court examined whether bail could be granted under Section 482 of the Bhartiya Nagrik Suraksha Sanhita given the nature of the offences and the lack of direct incriminating evidence against the parents. It ordered that the petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties each, subject to the conditions prescribed. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether the petitioners are entitled to bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita despite the pending charges under multiple statutes.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 111, 143, 144, 145, 183, 482, 61, 64, 70, 98, 99
- Juvenile Justice Act — s. 75, 79
- POCSO Act — s. 4, 6, 8
Subjects
- bail
- child labour
- POCSO
- immoral trafficking
- juvenile justice
- criminal procedure
- Bhartiya Nagrik Suraksha Sanhita
- parents of minor
- orchestra dancer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82729 of 2025
Arising Out of PS. Case No.-23 Year-2025 Thana- MAHILA THANA District- Begusarai
======================================================
1. Rozida Khatoon W/o Md. Mustakim @ Mustakim Khalifa Resident of
Village- Mirkalapur Salauna Ranipur, Ward No.16, P.S.- Bakhari, Dist-
Begusarai
2. Md. Mustakim @ Mustakim Khalifa S/o Md. Aziz Khalifa Resident of
Village- Mirkalapur Salauna Ranipur, Ward No.16, P.S.- Bakhari, Dist-
Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shilpi Kumari D/o Venkatesh Kumar Singh SHO, Mahila P.S., Begusarai,
Distt.- Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha
For the Opposite Party/s : Mr.Mithlesh Kumar Khare
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 143, 144(1), 144(2),
64(1), 111, 98, 99, 70, 145, 61 of the B.N.S., Sections 7, 6, 3, 4,
5 of Immoral Trafficking Act, Sections 4, 6, 8 of the POCSO
Act, Sections 8 of Child Labour Act and Sections 75, 79 of the
Juvenile Justice Act.
3. Petitioners are parents of one orchestra dancer
namely Neha Praveen, who was caught by the police during
Patna High Court CR. MISC. No.82729 of 2025(2) dt.05-01-2026
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raid.
4. Learned counsel for the petitioners submits that
the victim, in her statement recorded under Section 183 of
B.N.S.S., has stated that she was a dancer in an orchestra and
when she was coming from a marriage party after her dance
performance, she was caught by the police and brought her to
Court. He further submits that petitioner no. 1 is mother and
petitioner no. 2 is father of victim and have been made accused
in this case due to the statement made by the victim girl before
police that whatever earnings she gets from orchestra
programme, she gives it to her parents (petitioners) and
therefore, petitioners have been implicated for the offence under
the Child Labour Act. The victim has not alleged any wrong
against these petitioners. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge VI-cum-
Patna High Court CR. MISC. No.82729 of 2025(2) dt.05-01-2026
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Special Judge, POCSO Act, Begusarai in connection with
Mahila P.S. Case No. 23 of 2025, subject to condition as laid
down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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