Roshani Khatoon @ Roshan Kahtoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46307 of 2022 Arising Out of PS. Case No.-1069 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== ROSHANI KHATOON @ ROSHAN KAHTOON Wife of Billo Khaliffa R/vBohatola Khajurbanni, Wad No. 9, PS and Dist- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-09-2022 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 365, 370, 370(A), 372, 373, 376, 120(B) and 34 of the Indian Penal Code, Sections 3, 4, 5 and 6 of Immoral Traffic Act, Sections 4 and 6 of POCSO Act and Section 75 of Juvenile Justice Act. Learned senior counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on secret information raid was conducted and from the house of the petitioner two girls, who were kept in underground shell in the house, were recovered who disclosed their names as 'X' and 'Y', it is next alleged that Billo Mian and

Patna High Court CR. MISC. No.46307 of 2022(2) dt.13-09-2022 2/3 this petitioner forced them into prostitution work, it is further alleged that several objectionable materials were also recovered from the house of the petitioner.

Learned senior counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that petitioner is wife of Billo Mian, it is next submitted that it was Billow Mian, who was indulging in running sex rackets, and this petitioner being wife had no option but to co-operate with her husband, it is also submitted that no doubt allegation is of recovery of girls, who were kept in the house for carrying out for profession of prostitution, but then the girls were major and were above 18 years of age, it is next submitted that the girls, who was recovered, were indulging in the sex racket on their own will, it is also submitted that petitioner is a woman aged about 55 years and is partially handicapped.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that this petitioner may not be involved, but then there is an allegation against her in the FIR that from her house two major girls were recovered, who were made to indulge in sex racket.

At this stage, the senior learned counsel for the

Patna High Court CR. MISC. No.46307 of 2022(2) dt.13-09-2022 3/3 petitioner submits that the husband of the petitioner, who was taken into custody, was released on bail by order dated 29.03.2022 in Cr. Misc. No. 42836 of 2021, the learned counsel thus submits that an investigation presently is pending against the petitioner.

Considering the submission made by the learned APP for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner, however if the petitioner surrenders in the learned trial court, the learned trial court shall try to dispose of the bail application, as early as possible, keeping in mind that petitioner is a lady aged about 55 years and is partially handicapped, as has been submitted and also that she is a woman and is a person with clean antecedent and her husband, who is the main accused, has already been granted regular bail as aforesaid.

(Satyavrat Verma, J) Shivam/- U T