Patna High Court
Manoj SharmaversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted to the petitioners subject to a bond and conditions under Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioners, family members of the accused, were named in an FIR for alleged kidnapping of a 14‑year‑old girl under Sections 366A and 34 of the IPC. They contended that the primary allegation was against their relative Vikash Sharma and that the victim’s statement under Section 164 CrPC was non‑incriminating. The State opposed bail. The court observed that the main thrust of the case lay against the co‑accused and that the petitioners had clean antecedents. Consequently, the court ordered their release on bail with a bond of Rs 10,000 each, two sureties, and conditions under Section 438(2) CrPC and Section 482(2) of the BNSS. The order was directed to be complied with by the concerned court in Khagaria.
Issues considered
- Whether bail should be granted to the petitioners accused under Sections 366A and 34 IPC when the principal allegation is against a co‑accused.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing the investigation.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 164, 438(2)
- Indian Penal Code — s. 34, 366A
Subjects
- bail
- kidnapping
- IPC 366A
- family members
- co‑accused
- Section 438 CrPC
- Section 482 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52462 of 2024
Arising Out of PS. Case No.-78 Year-2024 Thana- CHAUTHAM District- Khagaria
======================================================
1. Manoj Sharma Son of Late Bino Sharma R/O Vill.- Tilay, Ward no.- 5, P.s.-
Chautham, Dist.- Khagaria.
2. Nirmala Devi Wife of Sanjay Sharma R/O Vill.- Tilay, Ward no.- 5, P.s.-
Chautham, Dist.- Khagaria.
3. Komal Kumari @ Komal Daughter of Manoj Sharma R/O Vill.- Tilay, Ward
no.- 5, P.s.- Chautham, Dist.- Khagaria.
4. Md. Junaid Ansari @ Md. Junaid Son of Gulam Murtza R/O Vill.- Tilay,
Ward no.- 5, P.s.- Chautham, Dist.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Adv
For the Opposite Party/s : Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 02-02-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Chautham P.S.
Case No. 78 of 2024 registered for the offences punishable
under Sections 366A and 34 of the Indian Penal Code.
3. The allegation against petitioners is to kidnap the
minor daughter of informant aged about 14 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 thrust of allegation is available
Patna High Court CR. MISC. No.52462 of 2024(4) dt.02-02-2026
2/3
against co-accused Vikash Sharma, who is son of petitioner
no. 1, whereas rest of petitioners are co-accused/family
members. It is submitted that on the same very day victim
was produced by the family members of the co-accused
Vikash Sharma, before police station and further while
recording her statement under Section 164 of the Cr.P.C.
victim stated nothing incriminating against this petitioner. It is
pointed out that as daughter of informant was in love with son
of petitioner no. 1, present occurrence took place. While
concluding the argument, it is submitted that petitioner no. 4
is son-in-law of petitioner no. 1 as per FIR and all above
named petitioners are of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as main thrust of allegation is available
against co-accused Vikash Sharma, where allegation against
the petitioners prima-facie appears raised being family
members and close relatives, accordingly all above-named
petitioners, in the event of their arrest or surrender before the
court below within a period of four weeks, are directed to be
Patna High Court CR. MISC. No.52462 of 2024(4) dt.02-02-2026
3/3
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 CJM,
Khagaria/concerned Court, where the case is pending in
connection with Chautham P.S. Case No. 78 of 2024, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
Checking your session…