Ashma Khatoon @ Asma Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41306 of 2026 Arising Out of PS. Case No.-111 Year-2023 Thana- KARANDAY District- Sheikhpura ====================================================== Ashma Khatoon @ Asma Khatoon W/O Munna Miyan Resident of Ward No. 18, Bettiah, P.S. Bettiah, West Champaran (Bihar) presently residing at Purani Bazar Dist. Shukla Road, Chaturbhuj Asthan, Maina Gali, P.S. Mithanpura, Dist. Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
'X' Son of Parmeshwar Mahto Resident of village - Dhari, P.S.- Karendey, Dist. - Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Section 365 of the Indian Penal Code and Section 8 of the POCSO Act.
3. Learned counsel for the petitioner submits that the petitioner had earlier moved this Court seeking regular bail by filing Cr. Misc. No. 17133 of 2026 and the same came to be rejected by an order dated 06.05.2026 with liberty to the petitioner renew her prayer for bail after framing of charge.
4. Learned counsel for the petitioner submits that charges against the petitioner against framed by an order dated 08.04.2026, it is submitted that inadvertently on 06.05.2026 when Cr. Misc. No. 17133 of 2026 was taken up, the said fact could not be brought to the
Patna High Court CR. MISC. No.41306 of 2026(2) dt.24-07-2026 2/2 notice of the Court, it is next submitted that if privilege of bail is granted, the petitioner will not abscond rather will co-operate in the trial to prove her innocence.
5. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the submissions and taking into consideration the fact that petitioner is a woman charges has been framed, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Karendey P.S. Case No. 111 of 2023.
7. However, it is made clear that if the learned trial court comes to a conclusion that the petitioner after her release is trying to delay the trial in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner, after recording reasons.
8. One of the bailors of the petitioner shall be his son-inlaw Md. Bhola.
9. This application stands allowed.
(Satyavrat Verma, J) Nitesh/- U T