Patna High Court – Orders
Payal Khatoon vs The State Of Bihar on 23 July, 2025
Author: Khatim Reza
Bench: Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22528 of 2025
Arising Out of PS. Case No.-84 Year-2025 Thana- SITAMARHI District- Sitamarhi
======================================================
Payal Khatoon Daughter of Sulendra Khalifa Resident of Village- Boha Tola,
Mirchaipath, P.S. and Dist- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rashmi Kumari, Sub-Inspector of Police -cum-Child Welfare Police Officer,
Mahila Ps, Sitamarhi
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 22673 of 2025
Arising Out of PS. Case No.-84 Year-2025 Thana- SITAMARHI District- Sitamarhi
======================================================
Sabo Khatoon W/o Md. Sabbir @ Sabir @ Dilip R/o Mohalla- Mirchaipatti,
Boha Tola, P.S.- Sitamarhi, District- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rashmi Kumari, A.S.I-cum-Child Welfare Police Officer P.S.- Sitamarhi,
Dist- Sitamarhi, Mob. No.- 79013580702
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 22528 of 2025)
For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. R.P.S. Singh, APP
(In CRIMINAL MISCELLANEOUS No. 22673 of 2025)
For the Petitioner/s : Mr.Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. R.P.S. Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 23-07-2025
Both cases have been taken up and heard together as
they arise out of the same PS Case number and are disposed of
by this common order.
2. Heard learned counsel for the petitioners and
Patna High Court CR. MISC. No.22528 of 2025(3) dt.23-07-2025
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learned A.P.P. for the State
3. The petitioners seek bail in connection with
Sitamarhi P.S. Case No. 84 of 2025, dated 29-01-2025,
registered for offences punishable under Sections
87,137(2),64,144(1),145,146,61(2)(a) and 3(5) of the Bhartiya
Nyaya Sanhita, Sections 3,4,5,6,7, 8, and 9 of the Immoral
Trafficking Act, Sections 75,81 and 84 of the Juvenile Justice
Act and Sections 4,6,7,8,9 and 10 of the POCSO Act.
4. The prosecution case, in short, is that on
28.01.2025 at about 05:30 P.M., the informant, along with other
officials, conducted a raid at the residence of the accused
persons, namely Sabo Khatoon, Payal Khatoon, and Priti Devi
@ Pinky Devi. During the raid, two minor girls were recovered
along with two mobile phones and other incriminating
materials. Upon inquiry, the minor girls stated that they were
being forced into immoral trafficking by the accused persons.
Thereafter, seizure list was prepared, and the accused , persons
were taken into custody.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
this case. As per the First Information Report (for short, ‘FIR’),
two victims were recovered from the house of one Sabo
Patna High Court CR. MISC. No.22528 of 2025(3) dt.23-07-2025
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Khatoon and the house of Prity Devi @ Pinky Devi. It is further
submitted that the victim is none else but the daughter of Sabo
Khatoon, which is apparent from the residential certificate
issued by the competent authority vide Certificate Case No.
BRCCO/2025/2261443 dated 04-02-2025, which is annexed as
Annexure P/2 to the bail petition. It is also submitted that the
victims were already released on 31.01.2025, though the case
was instituted on 29.01.2025, just one day after the occurrence.
It is next submitted that the two victims were released in favour
of their parents, and one of the victims has been released in
favour of her father, the husband of Sabo Khatoon, and the other
victim has been released in favour of her brother-in-law, and
both were residing in the town of Sitamarhi. The statement of
the victims has been recorded under Section 183 of the BNSS,
wherein, she has not supported the prosecution story and they
were released on 31.01.2025. It is submitted that the petitioner
has no role to play in the entire case.
6. So far as the petitioner, namely Payal Khatoon in
Cr. Misc. No. 22528 of 2025 is concerned, it is submitted that
there is no specific allegation levelled against her. It is further
submitted that none of the victims were recovered from her
house; rather, they were recovered from the houses of Sabo
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Khatoon and Prity Devi @ Pinky Devi. It is next submitted that
all the victims were majors.
7. So far as the petitioner, namely Sabo Khatoon in
Cr. Misc. No. 22673 of 2025 is concerned, the only allegation
against her is that the victim girl, July Khatoon, was recovered
from her residence. However, it is submitted that the said victim
is the own daughter of this petitioner. On the basis of the
statement recorded under Section 183 of the Bharatiya Nagarik
Suraksha Sanhita (BNSS), the victim did not support the
prosecution version and was accordingly released and handed
over to the petitioner, Sabo Khatoon. It is further submitted that
the petitioners in both the cases have only one criminal case
pending against them and are in custody since 30.01.2025.
8. Learned A.P.P. has opposed the prayer for bail.
9. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioners in both the cases be released on bail upon
furnishing bail bonds of Rs.10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Additional Sessions Judge- IV-cum Exclusive Special
Judge (Rape and POCSO) Sitamarhi, in connection with
Sitamarhi PS Case No. 84 of 2025 .
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10. The applications stand allowed.
(Khatim Reza, J)
shyambihari/-
U T
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