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Patna High Court

Nirmala DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused to grant anticipatory bail to the petitioners.

Summary

Nirmala Devi and Prakash Ram applied for anticipatory bail in a case registered under Sections 143, 61(2)(3) and 3(5) of the B.N.S., alleging involvement in the trafficking of minor girls. The prosecution’s case rests mainly on the confessional statement of a co‑accused, Sumit, who named the petitioners as participants in the trade. The petitioners argued that they have clean antecedents, that the confessional statement lacks evidentiary value, and that no other material links them to the offence. The State opposed bail, contending that the allegations are serious, that the investigation requires the petitioners’ custody, and that leniency cannot be shown on technical grounds. The Court, after considering the submissions, declined to grant anticipatory bail, holding that the seriousness of the allegations and the need for further investigation outweigh the petitioners’ claims of false implication.

Issues considered

  • Whether anticipatory bail can be granted when the only incriminating material is a confessional statement of a co‑accused.
  • Whether the seriousness of alleged human‑trafficking offences justifies denial of bail despite the petitioners’ clean record.

Legislation cited

  • B.N.S. — s. 143, 3(5), 61(2)(3)

Subjects

  • anticipatory bail
  • human trafficking
  • minor girls
  • confessional statement
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86396 of 2025
                 Arising Out of PS. Case No.-213 Year-2025 Thana- PATKHAULI District- West Champaran
                 ======================================================
           1.     Nirmala Devi Wife of Prakash Ram R/o Village - Patilar, Police Station
                  -Chautarwa, District - West Champaran.
           2.    Prakash Ram Son of Chuni Ram R/o Village - Patilar, Police Station
                 -Chautarwa, District - West Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vijay Kr Singh No. 1
                 For the Opposite Party/s :      Mr.Chandra Bhushan Prasad- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 143, 61(2)(3) and 3(5) of the B.N.S.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and petitioner

                   no.1 is a woman and the informant alleges that she runs an NGO

                   namely Jan Shakti Foundation for upliftment of women. Further,

                   on 02.09.2025, she received an information that minor girls are

                   being procured for their transportation to Haryana and

                   Rajasthan. On information, she along with the police force
Patna High Court CR. MISC. No.86396 of 2025(2) dt.04-02-2026
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          reached the P.O. and four persons were arrested who disclosed

          their name as Sumit, Sonveer, Shobha and Shabana Khatoon.

          Further, Sumit disclosed that Shobha and Shabana procured

          minors on pretext of marriage and were taken to Haryana and

          Rajasthan where Sonveer used to sell them for Rs.One Lac to

          1.5 Lac and Shobha along with Shabana used to get Rs.15,000/-

          per girl. Further, Sumit also disclosed that petitioners and other

          named accused persons are also involved in the trade.

                       4. The learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case. It is

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that name of the petitioners transpired in

          the confessional statement of Sumit in police custody, which

          does not have any evidentiary value. It is also submitted that

          during the course of investigation, nothing transpired which

          could even remotely connect the petitioners with the offence

          except for confession of Sumit. It is also submitted that Sumit

          and Sonveer has been granted the privilege of regular bail by

          this Court.

                       5. Learned A.P.P. Sri Chandra Bhushan Prasad

          vehemently opposes the anticipatory bail application. It is

          submitted that allegations are serious. It is fairly submitted that
               Patna High Court CR. MISC. No.86396 of 2025(2) dt.04-02-2026
                                                           3/3




                         no doubt, name of the petitioners transpired in the confessional

                         statement of Sumit, but then, whether petitioners were involved

                         in the occurrence or not that requires to be investigated for

                         which custody of the petitioners is necessary. It is also submitted

                         that flesh trade is gaining grounds in State of Bihar also, as

                         such, leniency be not shown to the petitioners on technical

                         ground.

                                      6. Considering the submissions made by the learned

                         A.P.P., the Court is not inclined to extend the privilege of

                         anticipatory bail to the petitioners.

                                      7. The prayer of the petitioners for anticipatory bail

                         stands rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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