Patna High Court
Jagdish RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioners, finding no direct allegation against them and invoking Section 482(2) of the BNSS.
Summary
The petitioners, Jagdish Ram and Chinta Devi, and Dinesh Kumar, Ranju Devi and Nilu Kumari, are the parents of co-accused individuals in a rape and video‑sharing case registered as Bhagwanpur P.S. Case No. 202 of 2025. The FIR alleges that the co‑accused committed rape, married the victim, and attempted to force her into prostitution, subsequently circulating a video of the incident, with the petitioners alleged only to have supported their children. Both petitioners argued that no specific allegation of rape or video dissemination is made against them and that they have clean antecedents. The Additional Public Prosecutor opposed bail, contending the petitioners might be complicit. The High Court, noting the lack of direct charges against the petitioners and their clean records, granted bail of Rs. 10,000 each with two sureties, subject to Section 482(2) of the Bhartiya Nayay Sanhita, and ordered their release within four weeks of the order.
Issues considered
- Whether the parents of a co‑accused can be detained without specific allegations against them in a rape and video‑sharing case.
- Whether bail should be granted to the petitioners under Section 482(2) of the Bhartiya Nayay Sanhita.
Legislation cited
- Information Technology Act — s. 67, 67(A)
Subjects
- bail
- criminal procedure
- parental liability
- rape
- video pornography
- IT Act
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4261 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
1. Jagdish Ram S/O Late Gulab Ram R/O Village- Sahtha, P.S- Bhagwanpur,
Distt.- Vaishali.
2. Chinta Devi W/O Sujit Ram R/O Village- Sahtha, P.S- Bhagwanpur, Distt.-
Vaishali.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 8779 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
1. Dinesh Kumar @ Dinesh Ram S/O Sri Amir Ram R/O village- Khanjaha
Chak, P.S.- Lalganj, District- Vaishali.
2. Ranju Devi W/O Dinesh Kumar @ Dinesh Ram R/O village- Khanjaha
Chak, P.S.- Lalganj, District- Vaishali.
3. Nilu Kumari D/O Dinesh Kumar @ Dinesh Ram R/O village- Khanjaha
Chak, P.S.- Lalganj, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 4261 of 2026)
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Ahmad Ali, APP
(In CRIMINAL MISCELLANEOUS No. 8779 of 2026)
For the Petitioner/s : Mr.Bela Singh, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-02-2026 Cr. Misc. No. 4261 of 2026
Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioners apprehending their
Patna High Court CR. MISC. No.4261 of 2026(2) dt.09-02-2026
2/5
arrest in connection with Bhagwanpur P.S. Case No. 202 of
2025 registered for the offences punishable under Sections
64, 123, 318(2), 351(2), 3(5) of Bhartiya Nayay Sanhita and
Sections 67 and 67(A) of I.T. Act.
3. As per FIR, named co-accused Shubhan Kumar
@ Shubham Arya alleged to commit rape upon the informant
aged about 19 years and, thereafter, he solemnized marriage
with her and subsequently asked her to join prostitution, when
she refused the present case was lodged. The petitioner being
parents of one of the co-accused Ankit Kumar alleged to
support him, who was alleged to share the video captured for
the occurrence which was made viral by co-accused Shubham
Kumar @ Shubham Arya himself.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that the implication of petitioners
appears prima facie being parents of one co-accused Ankit
Kumar. It is submitted that allegation of rape and also sharing
of video qua occurrence is not available against these
petitioners. Both petitioners are of clean antecedents.
5. Learned APP opposed the prayer of bail.
Patna High Court CR. MISC. No.4261 of 2026(2) dt.09-02-2026
3/5
6. In view of aforesaid factual submissions and by
taking note of fact as allegation of rape and also of making
video of occurrence viral is not available against these
petitioners, who are of clean antecedents, accordingly, both
above named petitioners, in the event of their arrest or
surrender before the learned trial Court, within a period of
four weeks of the order, is directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Vaishali at
Hajipur/concerned Court, where the case is pending in
connection with Bhagwanpur P.S. Case No. 202 of 2025
subject to the conditions as laid down under Section 482(2) of
the BNSS.
Cr. Misc. No. 8779 of 2026
Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioners apprehending their
arrest in connection with Bhagwanpur P.S. Case No. 202 of
Patna High Court CR. MISC. No.4261 of 2026(2) dt.09-02-2026
4/5
2025 registered for the offences punishable under Sections
64, 123, 318(2), 351(2), 3(5) of Bhartiya Nayay Sanhita and
Sections 67 and 67(A) of I.T. Act.
3. As per FIR, named co-accused Shubhan Kumar
@ Shubham Arya alleged to commit rape upon the informant
aged about 19 years and, thereafter, he solemnized marriage
with her and subsequently asked her to join prostitution, when
she refused the present case was lodged. The petitioners
being parents of main co-accused Shubham Kumar @
Shubham Arya, instigated him to commit offence upon the
informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that the implication of petitioners
prima facie appears being parents of main co-accused
Shubham Kumar @ Shubham Arya. It is submitted that
allegation of rape and also sharing of video qua occurrence is
not available against these petitioners. Petitioners are men of
clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.4261 of 2026(2) dt.09-02-2026
5/5
taking note of fact as allegation of rape and also making video
of the occurrence viral is not available against these
petitioners, who are of clean antecedents, accordingly, all
above named petitioners, in the event of their arrest or
surrender before the learned trial Court, within a period of
four weeks of the order, is directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial
Magistrate-Vith, Vaishali at Hajipur/concerned Court, where
the case is pending in connection with Bhagwanpur P.S. Case
No. 202 of 2025 subject to the conditions as laid down under
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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