Priti Devi @ Pinky Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22926 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- SITAMARHI District- Sitamarhi ====================================================== Priti Devi @ Pinky Devi W/o Uday Ray R/o Village- Khawaspur, P.S.- Lakrinabiganj, District- Siwan Tulsipur Kharik, P.S.- Bhagalpur, Dist.- Bhagalpur, at present R/o Village- Mirchaipatti, Bohatola, P.S.- Sitamarhi, District- Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rashmi Kumari (female) at present posted at ASI-cum-Child Development Police Officer, Mahila, Police Station, District- Sitamarhi, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal, Sr. Advocate Mr. Pushpendra Kumar Singh, Advocate Ms. Divya Bharti, Advocate For the Opposite Party/s :
Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2.
The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 84 of 2025 instituted for the offence under Sections 87, 137(2), 64, 144(1), 145, 146, 61(2)(a) & 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 3, 4, 5, 6, 7, 8 & 9 of the Immoral Traffic Act, Sections 75, 81 & 84 of the Juvenile Justice Act and Sections 4, 6, 7, 8 & 9 of the POCSO Act.
3.
The prosecution case, in brief, is that on
Patna High Court CR. MISC. No.22926 of 2025(3) dt.12-08-2025 2/3 28.01.2025 at about 05:30 P.M., the informant and other officials raided the residence of accused Sabo Khatoon, Payal Khatoon, and Priti Devi @ Pinky Devi. Two minor girls, along with two mobile phones and other incriminating materials, were recovered. The minors alleged they were being forced into immoral trafficking.
4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 30-01-2025. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that during the raid, only an android mobile, some allopathic medicines, and one victim were found, with no objectionable items indicating immoral trafficking. The victim did not accuse the petitioner, instead stating she worked in housekeeping, and there is no evidence of abduction or trafficking by the petitioner. Victim in her statement recorded under Section 183 of the BNSS, 2023 did not support the prosecution case. Other co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 23-07-2025, passed in Cr. Misc. No. 22528 of 2025.
Patna High Court CR. MISC. No.22926 of 2025(3) dt.12-08-2025 3/3 6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.
Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sitamarhi P.S. Case No. 84 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T