Patna High Court

Maimun Khatoon @ Marhum Maimun Khatoon @ Maimum KhatoonversusThe State of Bihar

Decided: 7 May 2026
Disposal: BAIL GRANTED
Bench: ANSUL

Holding

Bail was granted to the petitioner subject to a bond and sureties, subject to conditions under CrPC 438(2) and BNS 482(2).

Summary

The petitioner, Maimun Khatoon, mother of the accused Salman Khan, applied for bail in a case registered under Sections 126(2), 137(2), 64, 88, 3(5) of the Bhartiya Nagarik Suraksha Sanhita (BNS) and Sections 4 and 6 of the POCSO Act, 2012. The FIR alleged that the 18‑year‑old accused had a physical relationship with the informant’s daughter, caused an abortion, and refused to marry her. The State opposed the bail, arguing the seriousness of the offences under the POCSO Act. The Court, noting the petitioner’s relationship to the accused and characterising the matter as an adolescent affair, decided to grant bail. Bail was conditioned on a bond of Rs 10,000 with two sureties and compliance with Section 438(2) of the CrPC and Section 482(2) of the BNS, without prejudice to the trial.

Issues considered

Whether bail should be granted to the mother of an accused in a POCSO‑related case.
Whether the alleged offences under the BNS and POCSO Act preclude the grant of bail.
Whether the procedural requirements under CrPC Section 438(2) and BNS Section 482(2) are satisfied.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 126(2), 137(2), 3(5), 482(2), 64, 88
Criminal Procedure Code — s. 438(2)
Protection of Children from Sexual Offences Act, 2012 — s. 4, 6

Subjects

bail
POCSO
sexual offences
adolescent relationship
criminal procedure
Bhartiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16788 of 2026
                    Arising out of PS. Case No.-338 Year-2025 Thana- HARLAKHI District- Madhubani
                 ======================================================
                 Maimun Khatoon @ Marhum Maimun Khatoon @ Maimum Khatoon W/o-
                 Sarfe Khan Village- Gangaur Haji Nagar PS- Harlakhi District- Madhubani


                                                                                 ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar
           2.    Md. Lal Khan, S/o- Most Kim Khan, R/v- Gangaur Haji Nagar, PS-
                 Harlakhi, Dist- Madhubani.

                                                        ... ... Opposite Party/s
                 ======================================================

                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :      Md. Nazir Ansari, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

4   07-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Harlakhi P.S. Case No.

                   338 of 2025 registered for the offences punishable under

                   Sections 126(2), 137(2), 64, 88, 3(5) of the BNS and Sections

                   4/6 POCSO Act 2012.

                               3. The informant lodged FIR with the allegation that

                   one Salman Khan established physical relation with his daughter

                   and finally got her aborted and refused to marry. The boy is 18

                   years of age.

                               4. Learned counsel for the petitioner submits that the
            Patna High Court CR. MISC. No.16788 of 2026(4) dt.07-05-2026
                               2/3




petitioner is the mother of the accused Salman Khan.

          5. Learned Additional Public Prosecutor for the State

has vehemently opposed the prayer for bail of the petitioner.

          6. Considering that the petitioner is the mother of the

boy and it seems to be a case of adolescent affair, this Court is

inclined to grant bail to the petitioner.

           7.   Let     the     petitioner,       above       named,        be

released on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like

amount each to the satisfaction of the Additional

District and Sessions Judge, VII- cum – Special Judge,

POCSO, Madhubani in connection with Harlakhi P.S.

Case No. 338 of 2025, subject to the conditions as laid

down under Section 438(2) of the Code of Criminal

Procedure / Section 482(2) of the Bhartiya Nagarik

Suraksha Sanhita.

           8. It is made clear that any observation made

herein is prima facie in nature and limited solely for

the purpose of           adjudication of            the     present        bail

application. Such observations shall not be construed

as an expression on the merits of the case and shall not

influence the trial or any other proceedings in any
                     Patna High Court CR. MISC. No.16788 of 2026(4) dt.07-05-2026
                                        3/3




           manner.



                                        (Ansul, J)
Vikash/-

U      T

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Ravi Prakash