Arti Kumari Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

Arti Kumari Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner enlarged on bail on furnishing a bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each before the learned Additional Sessions Judge, 6th Special Judge POCSO, Vaishali at Hajipur, subject to the condition that she shall co-operate in the investigation/trial.

Issue for consideration

Whether regular bail should be granted to the petitioner in connection with Hajipur Town P.S. Case No. 584 of 2024.

Court's answer

Considering the facts on record, that the petitioner has no criminal antecedent and that she is in custody since 10.08.2024 (printed as '10.08.20204'), the petitioner is enlarged on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, 6th Special Judge POCSO, Vaishali at Hajipur, subject to the condition that she shall co-operate in the investigation/trial.

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.85741 of 2024 (Soni Shrivastava, J.), order dt. 04-04-2025 - Regular bail granted. Petitioner Arti Kumari, apprehended during a raid conducted by the informant on Arun Residential Hotel at Hajipur (Hajipur Town P.S. Case No. 584 of 2024; sections 54, 143, 127(2), 64, 61(2) B.N.S.; sections 4, 6, 8, 10, 17 POCSO Act; sections 3, 4, 5, 6, 7 Immoral Traffic (Prevention) Act), pleaded through counsel that she, being a lady, had gone to the hotel along with Navin Kumar for fixing her marriage and had no knowledge of the alleged activities; 29 persons were made accused and there was no independent witness to the search and seizure. The hotel owner Arun Sah had already been granted bail (order dt. 21.10.2024 in Cr. Misc. No.73583 of 2024) and certain other accused likewise (order dt. 04.02.2025 in Cr. Misc. No. 70916 of 2024 taken up with analogous cases). Finding no criminal antecedent and noting custody since 10.08.2024 (printed as '10.08.20204'), the Court enlarged the petitioner on bail of Rs. 10,000 with two sureties of the like amount each before the Additional Sessions Judge, 6th Special Judge POCSO, Vaishali at Hajipur, conditioned on co-operation in the investigation/trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85741 of 2024

Arising Out of PS. Case No.-584 Year-2024 Thana- NAGAR District- Vaishali

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Arti Kumari Daughter of Dilip Ram village- Alipur, ps- Rajapakar, DistVaishali At hajipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Parmod Ban Bihari Singh, Adv For the Opposite Party/s : Mr.Uday Chand Prasad, APP

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

3 04-04-2025 Heard learned counsel for the petitioner and the State.

The petitioner makes a prayer for grant of regular bail in connection with Hajipur Town P.S.Case No. 584 of 2024 registered under sections 54, 143, 127(2), 64, 61(2) of B.N.S and section 4, 6, 8, 10, 17 of POCSO Act and section 3, 4, 5, 6, 7 of Immoral Traffic ( Prevention) Act.

It would appear from perusal of the FIR, that the informant upon knowledge of some immoral trafficking/ prostitution business going on in hotels at Hajipur, conducted a raid in Arun Residential Hotel. The petitioner was apprehended along with one Navin Kumar and was stated that she was also engaged in the business of prostitution.

Learned counsel for the petitioner submits that as a matter of fact the petitioner, who is a lady had gone to the hotel along with Navin Kumar and her marriage was going to be fixed. She had no knowledge whatsoever that any such kind of

Patna High Court CR. MISC. No.85741 of 2024(3) dt.04-04-2025 2/2

nefarious activities is going on in the said hotel. It is also submitted that as many as 29 persons have been made accused in the said raid and there is no independent witness to the process of search and seizure. Learned counsel for the petitioner also drew my attention to the fact that owner of the said hotel Arun Sah has already been granted bail vide order dated 21.10.2024 passed in Cr. Misc. No.73583 of 2024 and also some other accused persons have also been granted bail vide order dated 04.02.2025 passed in Cr. Misc. No. 70916 of 2024 taken up with analogous cases.

Considering the aforesaid facts and considering that the petitioner has no criminal antecedent and she is in custody since 10.08.20204, the petitioner is enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 6^th Special Judge POCSO, Vaishali at Hajipur in connection with Hajipur Town P.S.Case No. 584 of 2024, subject to the condition that the petitioner shall co-operate in investigation/ trial

N.K/-

(Soni Shrivastava, J)

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