Patna High Court
Rajkumar @ Rajkumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted to the petitioners subject to cooperation with investigation and furnishing a bail bond.
Summary
The petitioners, Rajkumar Mahto and his wife Tetaria Devi, applied for anticipatory bail after being implicated in a kidnapping case because they are parents of the alleged kidnapper, Ramadhar Kumar. The FIR alleges that the informant's daughter was abducted with intent to marry, and the petitioners are accused of abusing and threatening the informant when he visited their house. The petitioners argued that they are only named due to their relationship with the co‑accused and have no substantive role in the crime, offering to cooperate with police to locate the missing girl. The Court, considering the nature of the allegation and the petitioners' lack of direct involvement, granted anticipatory bail subject to their cooperation and a bail bond of Rs 10,000 with two sureties. The order directs that if arrested within four weeks, they be released on bail under Section 438(2) of the CrPC and Section 482(2) of the Bihar Negotiable Substances Act, 2023.
Issues considered
- Whether the petitioners, merely being parents of the alleged kidnapper, are liable to be arrested and thus eligible for anticipatory bail under Section 438 CrPC and Section 482 BNSS, 2023
- Whether conditions of cooperation and bail bond are sufficient to justify granting anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- abuse
- Section 438 CrPC
- Section 482 BNSS
- West Champaran
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18677 of 2026
Arising Out of PS. Case No.-221 Year-2025 Thana- MAINATAND District- West Champaran
======================================================
1. Rajkumar @ Rajkumar Mahto S/o Late Bambahadur Mahto R/o - Majhariya
Ward no. 1, P.S - Purshottampur, District - West Champaran
2. Tetaria Devi W/o Rajkumar @ Rajkumar Mahto R/o - Majhariya Ward no. 1,
P.S - Purshottampur, District - West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X (Imaginary name of informant) S/o Y (Imaginary name of informant's
Father) R/o Village - Rasmnagri, Ward No. 1, P.S - Mainatand, District -
West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey
For the Opposite Party/s : Mr. Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 16-04-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Mainatand Police Station Case No. 221 of 2025,
disclosing offences under Sections 126(2), 115(2), 137(2), 87,
351(2), 352, 3(5) of the BNS, 2023.
3. As per the FIR, on 12.11.2025, at about 4 p.m.,
the informant's daughter had gone to the market to purchase
some articles. When she was returning, the co-accused
Ramadhar Kumar, along with two other persons, kidnapped his
daughter with intention to marry. The informant went at the
Patna High Court CR. MISC. No.18677 of 2026(2) dt.16-04-2026
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house of the petitioners, who are parents of the co-accused
Ramadhar Kumar, but they started abusing and threatened him
to kill.
4. Learned counsel for the petitioners submits that
the petitioners have merely been made accused only because
they happened to be the parents of the co-accused, Ramadhar
Kumar, who allegedly kidnapped the informant's daughter with
an intention to marry. The only allegation in the FIR against the
petitioners is that they abused the informant when he arrived at
the petitioners house inquiring about his daughter. He further
submits that son of the petitioners and the informant’s daughter
both are traceless and the petitioners undertake to cooperate
with the police in order to find out the whereabouts of the victim
girl.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the nature of
allegation against the petitioners, who happened to be the
parents of the co-accused Ramadhar Kumar, I am inclined to
grant privilege of anticipatory bail to the petitioners subject to
the condition that they shall cooperate with the police in tracing
the victim girl and also in investigation of the case.
6. This application is, accordingly, allowed.
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7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, 1st Class,
Betiah, West Champaran, in connection with Mainatand Police
Station Case No. 221 of 2025, subject to the condition laid
down under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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