Patna High Court
Dinesh Kumar @ Dinesh RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioners, finding no direct charge against them and noting their clean antecedents.
Summary
The petitioners, parents of a co-accused in a rape and video‑sharing case, sought bail after being implicated as supporters of the alleged offender. The FIR alleged offences under Sections 64, 123, 318(2), 351(2), 3(5) of the Bhartiya Nayay Sanhita and Sections 67 and 67(A) of the Information Technology Act, but no direct allegation of rape or video dissemination was made against the petitioners. Both petitioners have clean antecedents. The State opposed bail, but the court noted the lack of specific charges against them and their good character. Consequently, the court ordered their release on bail with a bond of Rs. 10,000 and two sureties each, subject to conditions under Section 482(2) of the BNSS. The order applies to both bail petitions filed in the same case.
Issues considered
- Whether bail should be granted to the parents of a co‑accused when no direct allegation of the substantive offences is made against them
- Whether the presence of clean antecedents and lack of specific evidence justify bail under Section 482(2) of the BNSS
Legislation cited
- Information Technology Act — s. 67, 67(A)
Subjects
- bail
- criminal procedure
- Section 482
- parental liability
- rape
- video sharing
- IT Act
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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