Rehana Khatoon v. The State Of Bihar

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 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.

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