Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied anticipatory bail, holding that the seriousness of the alleged offences precludes such relief.
Summary
Manju Devi applied for anticipatory bail fearing arrest in a case registered under the Bharatiya Nyaya Sanhita, 2023, the POCSO Act and the ITP Act, alleging that she ran a brothel employing minors. The prosecution alleged serious offences including sections relating to unlawful assembly, sexual offences against children and trafficking. The Patna High Court, after hearing counsel, held that the nature and gravity of the alleged crimes did not merit the grant of anticipatory bail. Consequently, the application for anticipatory bail was rejected and the petitioner was ordered to surrender within two weeks to seek regular bail, failing which the police would arrest her. The court clarified that its observations were limited to this application and would not prejudice later stages of the proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of running a brothel and employing minors under the Bharatiya Nyaya Sanhita, POCSO Act and ITP Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 144, 3(5), 61(2), 75
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- anticipatory bail
- brothel
- child sexual exploitation
- POCSO Act
- ITP Act
- serious offences
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91917 of 2025
Arising Out of PS. Case No.-4 Year-2025 Thana- Mahila District- Arwal
======================================================
Manju Devi Wife of Ramniwas Kumar Resident of Village - Janakpur Dham,
P.S.- Arwal, District - Arwal.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX S/o YYYY R/o Vill- Permanent Address- Sadak-19, Sector-2, P.S.-
Bhatti Bhilai, Distt- Chattisgarh, Present Address- Flat No.- 205, Law Billa
Apartment, P.S.- Bodhgaya, Distt- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shovendra Kumar
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-03-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Arwal (Mahila) P.S. Case No. 04 of 2025 registered for offences
under Sections 144, 75, 61(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023, Sections 8 and 12 of the POCSO Act and
Sections 3, 4, 5 and 6 of the ITP Act.
3. As per the prosecution case, the petitioner is
accused of running a brothel and employing minor victims.
4. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
Patna High Court CR. MISC. No.91917 of 2025(3) dt.13-03-2026
2/2
5. Accordingly, the application for anticipatory bail is
hereby rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, failing which the Superintendent of Police, Arwal will take
all steps for the arrest of the petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, Arwal through FAX for its compliance
forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.