IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37366 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== Babita Kumari @ Babita Devi @ Babita W/O Ranjeet Prasad @ Raju Yadav R/O Vill.- Dariyapur, P.S.- Silao, Dist.- Nalanda. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 18-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State 2. The petitioner seeks bail in connection with Giriyak (Pawapuri) P.S. Case No. 33 of 2025, dated 29.01.2025, registered for offences punishable under Sections 143(1), 76, and 3(5) of the Bharatiya Nyaya Sanhita, Section 8 of the POCSO Act, and Sections 75 and 79 of the Juvenile Justice (Care and Protection of Children) Act. 3 The allegation against the petitioner is that she was involved in the exploitation and trafficking of minor girls under the pretext of providing them employment in an orchestra. 4.Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in the Patna High Court CR. MISC. No.37366 of 2025(2) dt.18-06-2025 2/3 present case. It is submitted that the petitioner is the proprietor of a musical group where certain female singers were engaged. The group was managed by a separate manager and the petitioner was not present during the orchestra performances. It is further submitted that the girls had voluntarily joined the musical group with the consent of their guardians, and as such, no offence can be attributed to the petitioner or his employees. Moreover, there is no material on record to establish that the girls involved were minors, i.e., below 18 years of age. The Investigating Officer (IO) has failed to conduct any proper inquiry regarding the age of the girls, and hence, the ingredients of Section 8 of the POCSO Act are not attracted. Lastly, it is submitted that the petitioner has no criminal antecedents and has been in custody since 23.03.2025. 5. Learned A.P.P. has opposed the prayer for bail. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Sessions Judge-cum- Special Judge, POCSO, Biharsharif, Nalanda, in connection with Giriyak (Pawapuri) P.S. Case No. 33 of 2025. Patna High Court CR. MISC. No.37366 of 2025(2) dt.18-06-2025 3/3 7. The application stands allowed. shyambihari/- (Khatim Reza, J) U