Patna High Court
Rehana khatoonversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to bail as the prosecution failed to establish her active participation in the alleged offences.
Summary
Rehana Khatoon, the mother of Golu Mian, was arrested in connection with a POCSO case alleging that a minor was raped by several men at her house. The prosecution alleged that the accused men committed the rape and recorded a video, while the petitioner claimed she was merely a co‑villager who had called the victim to her house and had no knowledge of the crime. She argued that her name does not appear in the FIR, that the victim’s statement under Section 183 of the BNSS only mentions her as the person who called the victim, and that the medical report showed no injuries indicating sexual assault. The petitioner, who has no prior criminal record, sought bail, whereas the State opposed the application. After hearing both sides, the Court found that the evidence against her was insufficient to justify continued detention and ordered that she be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- The petitioner is entitled to bail despite the serious nature of the offences alleged under the POCSO Act, BNSS, and SC/ST (POA) Act.
- Whether the petitioner’s alleged act of calling the victim constitutes participation in the alleged rape.
- Whether the absence of the petitioner’s name in the FIR and the lack of medical evidence of sexual assault justify granting bail.
Legislation cited
- B.N.S., 2023 — s. 183, 3(5), 64, 65(1)
- POCSO Act — s. 4, 6
Subjects
- bail
- POCSO
- rape
- minor
- false implication
- medical examination report
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76929 of 2025
Arising Out of PS. Case No.-330 Year-2025 Thana- JOGAPATTI District- West Champaran
======================================================
Rehana khatoon Son of Nasrullah Siddiqui R/o Village - Machchargawa, P.S.
- Yogapatti, Dist. - West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Late Bhus Paswan R/o Village - Machchargawa, Purab Tola, Ward
no. 07, P.S. - Yogapatti, Dist. - West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s : Mr. Binay Krishna, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Yogapatti P.S. Case No. 330 of 2025 registered for the
offence punishable under Sections 64, 65(1), 3(5) of the B.N.S.,
2023 and Sections 4 and 6 of the POCSO Act and Section 3(2)
(v) of the SC/ST (POA) Act.
3. The case of the prosecution, in short, is that the
minor daughter of the informant was called by Golu Mian, and
at his house, Bhushan Mian, Sameem Miya and Sameer Mian
have committed rape with her and they have also made video of
the act.
Patna High Court CR. MISC. No.76929 of 2025(4) dt.18-02-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the name of this petitioner is not there
in the FIR. Petitioner is the mother of Golu Mian. During the
course of the investigation, the victim has given her statement
recorded under Section 183 of the BNSS, wherein she has stated
that this petitioner has called her and Musan Mian was hiding
there. Musan Mian committed rape with her. This petitioner is
co-villager. He also submits that from perusal of the FIR, it is
clear that the petitioner was not in the picture. Her name has
surfaced only in the statement of the victim and her only role is
that she has called the victim at her house, but from the
statement of the victim, it is clear that Musan Mian was hiding
there. This goes to show that the petitioner was not knowing the
intentions of Musan Mian. He further submits that from perusal
of the medical examination report, which is annexed at
Annexure-2, the doctor has found no injury on the private part or
any other part and has opined that according to the above
physical and pathological examination, there is no recent
evidence of sexual assault. In any view of the matter, the only
allegation against the petitioner is that she has called the victim
Patna High Court CR. MISC. No.76929 of 2025(4) dt.18-02-2026
3/3
at her house, but that was developed during the investigation
and is not the case of the prosecution. He further submits that
petitioner is a lady having no criminal antecedent and she is
languishing in judicial custody since 24.08.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, POCSO-cum-D.A.S.J.-VI, Bettiah, West Champaran in
connection with Yogapatti P.S. Case No. 330 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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