Patna High Court
Khushbu Kumari @ KhusiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
In the absence of evidence that the petitioners were involved in immoral trafficking and given the extended pre‑trial detention, the court held that bail should be granted subject to conditions.
Summary
The High Court heard two bail applications arising from the same police case (PS No. 281 of 2025) involving allegations of prostitution, POCSO offences and immoral trafficking. The prosecution alleged that the petitioners, Najida Khatoon and Khushbu Kumari, were part of a brothel operation, citing seizures of cash, phones and objectionable material during a raid. The petitioners contended that no victim was recovered from their premises, the victim’s statement under Section 183 did not indicate trafficking, and they had no prior criminal record, having been in custody for several months. The State opposed bail on the ground of the seriousness of the alleged immoral trafficking offences. Considering the lack of direct evidence, the framing of charges, and the prolonged pre‑trial detention, the Court ordered bail for each petitioner on a cash bond of Rs.10,000 with two sureties and specific conditions of appearance.
Issues considered
- Whether bail can be granted to accused charged under the B.N.S., POCSO Act and Immoral Trafficking (Prevention) Act in the absence of evidence of actual trafficking or a recovered victim.
- Whether the victim’s statement under Section 183 of the B.N.S.S. discloses participation in immoral trafficking.
- Whether the length of pre‑trial custody and the framing of charges justify the grant of bail.
Legislation cited
- B.N.S. — s. 111, 140(4), 143(3), 144(1), 144(2), 61(2), 64(1)
- B.N.S.S. — s. 183
- Immoral Trafficking Prevention Act, 1956 — s. 3, 4, 5, 6, 7
- POCSO Act — s. 4, 6, 8
Subjects
- bail
- POCSO
- immoral trafficking
- brothel
- sexual exploitation
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76701 of 2025
Arising Out of PS. Case No.-281 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
Najida @ Najida Khatoon W/O Ashraf Alam Ansari Resident of Village/
Mohalla- Khagra, P.S- Kishanganj, District- Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shanno Praveen D/O Md. Jafir R/O Mahuli, Ward No. 03, P.S- Guraru,
Distt.- Gaya, at present posted as Police Sub-Inspector in Kishanganj Police
Station, Distt.- Kishanganj.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 89149 of 2025
Arising Out of PS. Case No.-281 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
Khushbu Kumari @ Khusi Son of Late Badan Kumar R/o Khagra
Machhmara, Ward no. 32, P.S - Kishanganj, District - Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shanno Praveen D/o Md. Jafir R/o Village - Mahuli Ward no. 03, P.S. -
Guraru, Distt. - Gaya, at present posted as Police - Sub Inspector Kishanganj
Police Station, P.O., P.S and Dist. - Kishanganj.
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 76701 of 2025)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
: Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
(In CRIMINAL MISCELLANEOUS No. 89149 of 2025)
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 16-02-2026 As both these bail applications arise out of the same
police station case number, hence they are being heard together
and disposed of by this common order.
2. Heard learned Senior counsel for the petitioners
Patna High Court CR. MISC. No.76701 of 2025(3) dt.16-02-2026
2/4
and learned APP for the State.
3. The petitioners seek bail in a case registered for
the offence punishable under Sections 140(4), 143(3), 144(1),
144(2), 64(1), 111, 61(2) of B.N.S., Sections 4, 6 and 8 of the
POCSO Act and Sections 3, 4, 5, 6 and 7 of the Immoral
Trafficking (Prevention) Act, 1956.
4. As per the prosecution case, on 28.05.2025, a
police team led by the DSP, Cyber, raided four houses and
found 11 persons, including the petitioners and cash, mobile
phones and other objectionable items were seized. It is alleged
that the petitioners kept a victim for prostitution and was
involved in running a brothel.
5. Learned Senior counsel appearing for the
petitioners submits that Najida (petitioner in Cr. Misc.
No.76701 of 2025), who is a lady has been implicated in the
present case on the basis of the fact that she happens to be wife
of one Md. Ashraf Alam Ansari @ Sonu from whose house
victim, Priyanka Kumari was recovered. The allegation against
this petitioner is that she was helping her husband in his
nefarious activities. However, no such evidence has been
collected during the course of investigation against the
petitioner and as a matter of fact, the statement of the victim
Patna High Court CR. MISC. No.76701 of 2025(3) dt.16-02-2026
3/4
under Section 183 of the B.N.S.S. only discloses that she had
left her house on her own will for Delhi and she was then taken
to the house of the Md. Ashraf Alam Ansari @ Sonu i.e., the
husband of the petitioner, where the petitioner was also present,
however, there is no allegation of subjecting her to any kind of
flesh trade or immoral activities. The petitioner is in custody
since 17.08.2025 with no criminal antecedent and charges have
also been framed in the case on 12.02.2026. So far as the
Khushbu Kumari (petitioner in Cr. Misc. No.89149 of 2025) is
concerned, it has been submitted that there has been no
recovery of any victim from the house of the petitioner rather
some objectionable material was recovered and she has been
made an accused in this case only because her house is also
situated in the vicinity. The petitioner is in custody since
29.05.2025 with no criminal antecedent and charges have been
framed against this petitioner also.
6. Learned APP for the State opposed the grant of
bail on the ground that the matter relates to immoral
trafficking.
7. Taking into consideration the facts and
circumstances and considering the submission that the
statement of the victim under Section 183 of the B.N.S.S, does
Patna High Court CR. MISC. No.76701 of 2025(3) dt.16-02-2026
4/4
not disclose that she was subjected to any immortal trafficking
and so far as the petitioner, Khusbbu Kumari is concerned, no
victim was recovered from her house, coupled with the fact that
petitioners have been languishing in custody for some time and
chages have already been framed, let the above named
petitioners, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge, (POCSO), Kishanganj/concerned Court below
in connection with Kishanganj P.S. Case No. 281 of 2025
subject to condition that:-
(i) One of the bailors will be their own
blood relative, preferably, father, mother, brother, sister
and/or his wife.
(ii) The petitioners shall remain physically
present in court on each and every date during trial and
in the event of failure on two consecutive dates without
sufficient reasons, their bail bonds shall be liable to be
cancelled by the learned court concerned.
(Soni Shrivastava, J)
anand/-
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