Created by Fuzzy Cloud

Patna High Court

Ashma Khatoon@ Asma KhatoonversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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.
             Patna High Court CR. MISC. No.17133 of 2026(2) dt.06-05-2026
                                                         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/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.