Patna High Court
Shabana Khatoon @ Shabana KhatunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to bail as the prosecution failed to establish a prima facie case of guilt.
Summary
The petitioner, Shabana Khatoon, sought regular bail in a case registered under Sections 143, 61(2)(3) and 3(5) of the B.N.S., 2023, alleging involvement in human trafficking. The prosecution alleged that the petitioner, along with others, was engaged in human trafficking, but the FIR lacked specific details about any victim and no victim statements were recorded. The petitioner’s counsel argued that she was falsely implicated, had no criminal antecedent, and had been in judicial custody since September 2025. The State opposed the bail, contending the seriousness of the alleged offence. After hearing both sides, the Court found insufficient material to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the alleged human trafficking offence
- Whether the material on record establishes a prima facie case warranting denial of bail
Legislation cited
- B.N.S., 2023 — s. 143, 3(5), 61(2)(3)
Subjects
- bail
- human trafficking
- criminal procedure
- presumption of innocence
- bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8614 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- PATKHAULI District- West Champaran
======================================================
Shabana Khatoon @ Shabana Khatun W/o Afzal Khan @ Afzab khan
Resident of Village - Pirpati, Police Station - Yogapatti, District - West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prithvi Nath Mishra, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and Mr. Jitendra
Kumar Singh, learned APP for the State.
2. The petitioner has prayed for regular bail in
connection with Pathkhauli P.S. Case No. 213 of 2025 registered
for the offence punishable under Sections 143, 61(2) (3) and 3(5)
of the B.N.S., 2023.
3. The case of the prosecution in short is that the
petitioner along with others are indulged in human trafficking.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. Learned
counsel for the petitioner submits that from perusal of the FIR, it
is not clear as to whom the petitioner has trafficked. A general
story has been created that the petitioner and others are indulged
Patna High Court CR. MISC. No.8614 of 2026(2) dt.06-02-2026
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in human trafficking. There is no complaint from anybody and
from perusal of the order of the learned trial court also, it
transpires that during the course of investigation, no victim has
given her statement regarding the alleged occurrence. Moreover,
a statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and she is languishing in judicial
custody since 03.09.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate 1st Class, Bagaha, West Champaran in
connection with Pathkhauli P.S. Case No. 213 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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