Saroj Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35953 of 2026 Arising Out of PS. Case No.-59 Year-2026 Thana- BALTHAR District- West Champaran ====================================================== 1.
Saroj Patel S/o Jag Patel R/o vill - Durgwaliya, PS- Shikarpur, District- West Champaran 2.
Reena Devi @ Gudiya W/o Saroj Patel R/o vill - Durgwaliya, PS- Shikarpur, District- West Champaran 3.
Shambhu Patel S/o Uday Chandra Patel R/o Lakshmipur, P.S.- Purushottampur, Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the State :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-06-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in a case registered for the offence punishable under Sections 137(2), 140(3), 143, 69, 96, 3(5) of the BNS.
3. As per the prosecution case, the petitioners trafficked four girls to work in their orchestra, where they subjected them to sexual exploitation.
4. Learned counsel for the petitioners submits that the petitioners have been wrongly apprehended by the police on allegations made in the First Information Report, which was lodged by a person who runs an NGO. It would be evident from the First Information Report itself that they stalked four girls and
Patna High Court CR. MISC. No.35953 of 2026(2) dt.08-06-2026 2/3 it was only after multiple rounds of counselling that it was stated before them that these girls were working with an orchestra team of which the petitioner no. 1 was the owner while the petitioner no. 2 was his wife and petitioner no. 3 was a staff of the said orchestra team. It is further submitted that even after multiple rounds of counselling, the only statement that was made by these girls, who were all major and were working for the past six months with the orchestra team, that it was petitioner no. 1 who used to pressurize them for establishing physical relationship.
It is further submitted that neither in the First Information Report nor in their statements recorded under Sections 183 or 180 of the BNSS, as would be evident from the bail rejection order, it would appear that the victims were actually subjected to any physical relationship, rather the allegation remained confined to pressure being made by petitioner no. 1 for establishing physical relationship. So far as petitioner nos. 2 and 3 are concerned, there are no specific allegations. It has also been submitted that in the facts and circumstances of the case, at best, a case under Section 79 of the BNS, which is a bailable offence would be made out against the petitioner no. 1. The petitioners have no criminal antecedents and have been languishing in custody since 23.03.2026.
5. Learned APP for the State opposed the bail
Patna High Court CR. MISC. No.35953 of 2026(2) dt.08-06-2026 3/3 petition.
6. Taking into consideration the facts and circumstances of the case and also considering the fact that all the victims were majors and have not disclosed about they, being subjected to any physical exploitation coupled with the fact that the petitioners have no criminal antecedents and the investigation has almost come to a close, let the above named petitioners, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Bettiah, West Champaran/concerned Court below in connection with Balthar P.S. Case No. 59 of 2026.
(Soni Shrivastava, J) priyanka/- U T