Patna High Court
Ashma Khatoon@ Asma KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The regular bail application of the petitioner is rejected.
Summary
The petitioner, Ashma Khatoon, applied for regular bail in a case registered under Section 365 of the Indian Penal Code read with Section 8 of the POCSO Act, alleging that she was falsely implicated in the alleged sexual exploitation of a minor. The informant’s daughter, a 13‑year‑old, went missing and was later recovered from the house of a person named Azad, not from the petitioner’s residence. The petitioner argued she has a clean antecedent and that the victim’s statement, recorded under Section 164 of the Cr.P.C., primarily implicates Azad and others. The State opposed bail, emphasizing the victim’s statement that she was forced into physical relationships, characterising the matter as child trafficking. After hearing both sides, the court declined to grant bail, noting the seriousness of the allegations, but allowed the petitioner to renew the bail application after the charge‑framing stage.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged child sexual abuse and kidnapping under Sections 365 IPC and 8 POCSO Act.
- Whether the petitioner’s alleged false implication and clean antecedent warrant release on bail.
Legislation cited
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 365
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- child sexual abuse
- POCSO
- kidnapping
- false implication
- Criminal Procedure Code
- Indian Penal Code
- minor victim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17133 of 2026
Arising Out of PS. Case No.-111 Year-2023 Thana- KARANDAY District- Sheikhpura
======================================================
Ashma Khatoon@ Asma Khatoon W/O Munna Miyan R/O Ward No. 18,
Bettiah, P.S- Bettiah, Dist.- West Champaran (Bihar) Presently residing at
Purani Bazar Shukla Road, Chaturbhuj Asthan, Maina Gali, P.S- Mithanpura,
Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/O Parmeshwar Mahto R/O Village- Dhari, P.S- Karendey, Distt.-
Sheikhpura.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Karendey P.S. Case No.111 of 2023 dated 20.10.2023,
registered for the offences punishable under Section 365 of the
Indian Penal Code read with Section 8 of POCSO Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
is in custody since 17.01.2026 and the informant alleges that his
minor daughter aged about 13 and ½ years on 13.10.2023 at 7
P.M. went to attend the call of nature but did not return, on
search, the victim could not be traced, further on 14.10.2023 at
Patna High Court CR. MISC. No.17133 of 2026(2) dt.06-05-2026
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3 P.M. he received a call from mobile no.7482918965 and heard
the voice of his daughter but someone snatched the mobile.
4. Learned counsel submits that petitioner has been
falsely implicated in the instant case by the informant being
mother of Azad. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that the thrust
of the allegation is against Azad and others and petitioner came
to be implicated merely for the reason that the victim was
recovered from her house.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner and submits that after the victim was
recovered from the house of petitioner, her statement was
recorded under Section 164 Cr.P.C., wherein she supported the
case of the prosecution and specifically stated that she was
forced to enter into physical relationship with several persons,
as such it is a case of child trafficking, on which, the learned
counsel appearing on behalf of the petitioner reiterates and
submits that petitioner being mother of Azad came to be
implicated. It is also submitted that she was residing separately
from Azad and victim was recovered from the house of Azad.
6. After hearing the learned counsel for the parties, the
court is not inclined to release the petitioner on bail.
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3/3
7. Accordingly, the regular bail application of the
petitioner is rejected.
8. However, petitioner would be at liberty to renew
her prayer for bail after framing of charge.
(Satyavrat Verma, J)
amit/-
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