Patna High Court
Meena Devi @ Mintu @ Mintu Devi @ Mitho DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioners, directing their release on bond with two sureties.
Summary
Meena Devi and Ramesh Paswan were arrested in connection with Mahila Police Station Case No. 59 of 2024 for alleged offences under sections 61(2), 64 and 3(5) of the Bihar Narcotic Substances Act, 2023, sections 3 and 4 of the Immoral Trafficking Act and section 6 of the POCSO Act. They have been in custody since 27 November 2024 and earlier bail was denied on 7 March 2025. The petitioners claimed innocence and argued that the informant/victim had turned hostile. The State opposed regular bail. The Court, after noting the victim’s hostile stance and the petitioners’ submission, allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail can be granted to accused of offences under BNS 2023, Immoral Trafficking Act and POCSO Act despite seriousness of charges
- Whether the victim’s hostile testimony affects the bail consideration
- Whether the earlier denial of bail can be revisited
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 61(2), 64
- Protection of Children from Sexual Offences (POCSO) Act — s. 6
Subjects
- bail
- criminal procedure
- immoral trafficking
- POCSO
- victim hostile
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88347 of 2025
Arising Out of PS. Case No.-59 Year-2024 Thana- MAHILA P.S. District- Purnia
======================================================
1. Meena Devi @ Mintu @ Mintu Devi @ Mitho Devi W/o- Ramesh Paswan
R/v- Gulabbagh Kabristan Tola Ps- Sadar Dist- Purnea
2. Ramesh Paswan S/o- Late Chhotelal Paswan R/v- Gulabbagh Kabristan Tola
Ps- Sadar Dist- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o- Y R/v- Dighal Bank Ps- Dighal Bank Dist- Kishanganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhola Prasad, Adv
For the Opposite Party/s : Mr.Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. This is the second attempt on behalf of the
petitioners for grant of bail. Earlier the bail of the petitioners
were rejected vide order dated 07.03.2025 passed in Cr. Misc.
No.12515 of 2025.
3. The petitioners seek bail in connection with
Mahila P.S.Case No 59 of 2024 registered for the offence
punishable under sections 61(2),64 and 3(5) of the BNS 2023
and section 3 and 4 of the Immoral Traficking Act and section 6
of the POCSO Act.
4. Petitioners are in custody since 27.11.2024.
Patna High Court CR. MISC. No.88347 of 2025(2) dt.11-02-2026
2/2
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. He further submits that the informant/ victim has turned
hostile.
6. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
7. Considering the above facts, this application is
allowed. The photo copy of the deposition of victim is taken on
record.
8. Let the petitioners, above named, be released on
bail on furnishing bail bonds of Rs. 10,000/- ( ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned court below/ concerned Court in connection with
Mahila P.S.Case No. 59 of 2024.
(Sandeep Kumar, J)
N.K/-
U T
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