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Patna High Court

Jarina KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to bond and surety conditions.

Summary

Jarina Khatoon was charged under Sections 67A and 67B of the Information Technology Act, Section 61(2) of the Bihar Narcotic Substances Act, and Sections 14 and 15 of the POCSO Act for allegedly taking nude photographs of a 12‑year‑old girl and circulating them. Her earlier bail application was rejected, but she filed a second application after being in custody since 24 January 2025, noting that only two of six witnesses had been examined and the trial was delayed. The State opposed bail, emphasizing the seriousness of the offences. The court, taking into account the petitioner’s gender, the length of her pre‑trial detention, and the trial delay, allowed the bail application, ordering a bond of Rs 10,000 with two sureties and imposing conditions of regular appearance. The order is limited to bail and does not comment on the merits of the case.

Issues considered

  • Whether bail should be granted to the accused in a POCSO and IT‑Act case involving alleged child sexual exploitation.
  • Whether the length of pre‑trial detention and delay in trial justify bail despite the seriousness of the offences.

Legislation cited

Subjects

  • bail
  • POCSO
  • IT Act
  • child sexual abuse
  • pre‑trial detention
  • gender considerations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18795 of 2026
                        Arising Out of PS. Case No.-78 Year-2024 Thana- Cyber P.S. District- Siwan
                 ======================================================
                 Jarina Khatoon Son of Md. Sher Ali @ Sher Ali R/o Village - Chakiya, P.S.-
                 Mahadeva, District - Siwan.

                                                                                       ... ... Petitioner
                                                         Versus
           1.    The State of Bihar
           2.    X Wife of Y R/o Chakiya, P.S. - Mahadeva, Dist. - Siwna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raghav Prasad, Adv.
                 For the Opposite Party/s :        Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   13-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with POCSO Tr. No. 63 of 2024 arising out of

                   Siwan Cyber P.S. Case No. 78 of 2024 registered for the offence

                   under Sections 67A and 67B of I.T. Act read with Section 61(2)

                   of B.N.S. and Sections 14 and 15 of POCSO Act.

                                3. Earlier, the bail application of the petitioner was

                   rejected on 23.04.2025 in Cr. Misc. No. 21071 of 2025 which

                   reads as follows:-

                                                     “Heard learned counsel for the petitioner
                                              and learned APP for the State.
                                                     2. The petitioner seeks regular bail in
                                              connection with Siwan Cyber P.S. Case No. 78
                                              of 2024 registered for the offence under Section
Patna High Court CR. MISC. No.18795 of 2026(3) dt.13-05-2026
                                            2/3




                                  67A, 67B of the I.T. Act, under Section 61(2) of
                                  the BNS and under Section 14, 15 POCSO Act.
                                          3. As per the prosecution case, the
                                  petitioner is alleged to have taken nude pictures
                                  of 12 years old minor girl and have also shared
                                  it with her husband who made it viral.
                                          4. The petitioner is in jail since
                                  24.01.2025.
                                          5. Considering the seriousness of the
                                  offence, this Court is not inclined to grant bail
                                  to the petitioner.
                                          6. Accordingly, this application is
                                  dismissed”
                       4. As per the prosecution case, the petitioner is alleged

          to have taken nude pictures of 12 years old minor girl and have

          also shared it with her husband who made it viral.

                       5. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. He submits

          that the petitioner is in custody since 24.01.2025 and has

          submitted that in trial, two out of six witnesses have been

          examined and for the last four months, no witness has been

          examined.

                       6. Learned A.P.P. for the State opposes the prayer for

          bail.

                       7. Considering the fact that the petitioner is a woman,

          her period of custody and delay in trial, this application for

          regular bail is allowed.

                       8. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
            Patna High Court CR. MISC. No.18795 of 2026(3) dt.13-05-2026
                                                        3/3




                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with POCSO Tr. No. 63

                      of 2024 arising out of Siwan Cyber P.S. Case No. 78 of 2024

                      with further condition that:-

                                                           (i) The petitioner shall appear in
                                              the trial regularly either personally or
                                              through his lawyer and shall cooperate in
                                              the trial and non-cooperation in the trial
                                              shall result in cancellation of the bail bond
                                              of the petitioner.
                                   9. 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

                      manner.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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