Patna High Court
Rajdeo Rai @ Rajdev RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioners, subject to bond and surety conditions.
Summary
The petitioners, Rajdeo Rai and Chinta Devi, applied for bail fearing arrest in a case registered under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita, alleging that they aided the kidnapping of a minor daughter of an informant. The prosecution alleged that their son, co‑accused Sonu Kumar, with their assistance, kidnapped the child. The petitioners contended they were innocent, had no criminal antecedent, and were only parents of the co‑accused, who had already surrendered and denied knowledge of the kidnapping. The State opposed the bail. After considering the submissions and the lack of material directly implicating the petitioners, the court ordered their release on bail subject to a bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case involving alleged kidnapping under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether there is sufficient material evidence to justify the detention of the petitioners.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 137(2), 3(5), 87
Subjects
- bail
- kidnapping
- criminal procedure
- presumption of innocence
- parental liability
- section 482
- section 137
- section 87
- section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78431 of 2025
Arising Out of PS. Case No.-940 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
1. Rajdeo Rai @ Rajdev Ray S/O Late Arjun Ray R/O village - Bisautha, P.S-
Katra, District - Muzaffarpur
2. Chinta Devi W/O Rajdeo Rai @ Rajdev Ray R/O village - Bisautha, P.S-
Katra, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bela Singh, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 137(2), 87 and 3(5) of Bharatiya
Nyaya Sanhita.
3. As per prosecution case, the informant went at
Muzaffarpur with her minor daughter for her treatment, it is
alleged that co-accused Sonu Kumar with the assistance of
petitioners kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case due to suspicion. Further submission is that
petitioners are parents of co-accused Sonu Kumar, who
surrender himself and disclosed that he used to call the victim
but he did not know about her kidnapping. Petitioner no. 1 is
Patna High Court CR. MISC. No.78431 of 2025(2) dt.05-01-2026
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about 75 years old whereas petitioner no. 2 is about 62 years
old. Except that petitioners are parents of co-accused Sonu
Kumar, who is in custody, there is no material against the
petitioners to implicate them in this case. Petitioners have no
criminal antecedent. They undertake to cooperate in the
investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the above named petitioners be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case
No. 940 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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