Papitakali @ Kajal Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33207 of 2026 Arising Out of PS. Case No.-38 Year-2026 Thana- SARMERA District- Nalanda ====================================================== Papitakali @ Kajal Kumari D/o Dadu Lal Ghasiya R/o Village - Darbari Ward No.2, PS - Chitarangi, District - Singarauli, State - Madhya Pradesh ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sakendra Kumar Bind S/o Late Nepali Bind R/o Village - Mano English, P.S - Suryagarha, District - Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Prasad, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-05-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 143(2), 143(3), 145, 74, 114(4) of BNS and Section 8 of the POCSO Act, Sections 75 and 79 of Juvenile Justice Act and Sections 16, 17 and 18 of Bonded Labour System Abolition Act.

3. The case of the prosecution is that the petitioner is proprietor of one Kajal Musical Orchestra Group and from her orchestra, altogether five minor girls were recovered. During course of investigation, they have given their statement and have stated that they were forced to dance on Bhojpuri song and

Patna High Court CR. MISC. No.33207 of 2026(2) dt.18-05-2026 2/3 where, they were inappropriately touched by the customers and on being complained, the petitioner abuses them saying that the money can be earned only in this way.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that petitioner is a lady and she is merely an owner of that orchestra group. The victims have not alleged any kind of sexual assault. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, she is languishing in judicial custody since 23.02.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sarmera P.S. Case No. 38 of 2026 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 VII-cum Special Judge, POCSO Biharsharif, Nalanda with a condition that the petitioner shall not run such type of

Patna High Court CR. MISC. No.33207 of 2026(2) dt.18-05-2026 3/3 business in future.

(Ashok Kumar Pandey, J) Shubham/- Sneha/- U T