Patna High Court

Rajesh Prasad @ Rajesh RawatversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The Court granted bail to both petitioners subject to a Rs.10,000 bond each with two sureties and conditions under Section 482(2) of the CrPC.

Summary

Rajesh Prasad and Shobha Devi, parents of co‑accused Nikash Kumar, were implicated in a kidnapping case (Baniyapur P.S. Case No. 13 of 2024) involving the alleged abduction of a 17‑year‑old girl for illicit intercourse or marriage. The petitioners sought bail, contending that the allegations against them were vague, general and omnibus, and that the substantive charge pertained mainly to their son. The Additional Public Prosecutor opposed the bail application. The High Court examined the prima facie implication of the petitioners as parents of the main accused and considered the nature of the allegations. It concluded that bail could be granted subject to a bond of Rs.10,000 each with two sureties and compliance with conditions under Section 482(2) of the CrPC. Consequently, the petitioners were released on bail pending trial.

Issues considered

Whether the parents of the alleged principal offender can be granted bail for alleged participation in kidnapping under IPC Sections 364, 366A read with Section 34
Whether the allegations against the petitioners are sufficiently specific to deny bail

Legislation cited

Code of Criminal Procedure — s. 482(2)
Indian Penal Code — s. 34, 364, 366A

Subjects

bail
kidnapping
IPC 364
IPC 366A
Section 34
CrPC Section 482
parental liability
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48466 of 2024
                        Arising Out of PS. Case No.-13 Year-2024 Thana- BANIAPUR District- Saran
                 ======================================================
           1.     Rajesh Prasad @ Rajesh Rawat Son of Ramayan Prasad, Resident of Vill-
                  Bhusao, P.S.- Baniyapur, District- Saran.
           2.     Shobha Devi Wife of Rajesh Prasad @ Rajesh Rawat Resident of Vill-
                  Bhusao, P.S.- Baniyapur, District- Saran.
                                                                       ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ayush Kumar, Advocate
                                                   Mr. Shikhar Mani, Advocate
                                                   Mr. Kanishk Kaustubh, Advocate
                 For the Opposite Party/s :        Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   02-02-2026                   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 Baniyapur P.S. Case No. 13 of 2024 registered

                   for the offences punishable under Sections 364, 366(A) r/w

                   Section 34 of the Indian penal Code.

                                 3. The allegation against the petitioners is to kidnap the

                   minor daughter of the informant aged about 17 years for the

                   purpose of illicit intercourse/marriage with another person.

                                 4. It is submitted by learned counsel appearing on

                   behalf of the petitioners that the thrust of allegation is available

                   against co-accused Nikash Kumar and these petitioners implicated
              Patna High Court CR. MISC. No.48466 of 2024(5) dt.02-02-2026
                                                          2/2




                        with present case only being father and mother. It is submitted

                        that the allegation available against petitioners are very much

                        general and omnibus in nature.

                                     5. Learned APP opposed the prayer of bail.

                                     6. In view of aforesaid factual submissions and by

                        taking note of fact as the implication of petitioners prima facie

                        appears with crime in question being parents of main co-accused,

                        namely, Nikash Kumar, facing general and omnibus allegation qua

                        crime in question, 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 Additional Sessions Judge XII, Saran at

                        Chapra/concerned Court, where the case is pending in connection

                        with Baniyapur P.S. Case No. 13 of 2024 subject to the conditions

                        as laid down under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T

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