Patna High Court
Jarina KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act — s. 61(2)
- Information Technology Act — s. 67A, 67B
- Protection of Children from Sexual Offences (POCSO) Act — s. 14, 15
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
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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
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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/-
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