Patna High Court
Ganga Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners, holding that the direct allegation of kidnapping is against the co‑accused and not the parents.
Summary
The petitioners, Ganga Prasad Yadav and Asha Devi, applied for anticipatory bail after being implicated in a kidnapping case involving their son, Siddharth Yadav, who allegedly abducted a minor girl. The FIR alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, but the direct accusation of kidnapping was against Siddharth alone. The petitioners argued they were falsely implicated due to a love‑affair between their son and the victim. The prosecution, relying on the victim’s statement under Section 183 BNSS, opposed bail. The court, noting that the primary charge pertained to the son and not the parents, granted anticipatory bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) BNSS.
Issues considered
- Whether the parents of an accused can be granted anticipatory bail when they are named in the FIR but not directly charged with the principal offence
- Whether the allegations against the co‑accused extend to the parents under the provisions of the Bharatiya Nyaya Sanhita
- Whether the conditions prescribed under Section 482(2) BNSS justify the grant of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115, 126, 137, 183, 3, 351, 352, 482, 87, 96
Subjects
- anticipatory bail
- kidnapping
- minor
- love affair
- parents liability
- Bharatiya Nyaya Sanhita
- Section 482
- Section 183
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8806 of 2026
Arising Out of PS. Case No.-62 Year-2025 Thana- KHUTAUNA District- Madhubani
======================================================
1. Ganga Prasad Yadav Son of Late Manik Lal Yadav R/o Vill. - Chichodhva,
P.S. - Laukahi, Distt. - Madhubani.
2. Asha Devi W/o Ganga Prasad Yadav R/o Vill. - Chichodhva, P.S. - Laukahi,
Distt. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 26-02-2026 Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail,
arises out of Khutauna Police Station Case No. 62 of 2025,
disclosing offences under Sections 126(2), 115(2), 137(2),
87, 96, 352, 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First
Information Report, is that on 25.04.2025 at about 11:00
a:m, minor daughter of the informant was kidnapped by co-
accused Siddharth Yadav, who on the gun point, took away
the victim girl on a motorcycle. It has further been alleged
that the informant went to the house of the petitioners where
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victim girl was locked in a room. The petitioners threatened
the informant with dire consequences.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case on
account of the fact that there was love affair between the
petitioner’s son and the victim girl. It is a case of adolescent
love. The petitioners are father and mother of the co-
accused Siddharth Yadav. The specific allegation of
kidnapping is against the Siddharth Yadav.
5. On the other hand learned counsel for the
informant vehemently opposed the prayer for bail and
submits that in her statement, recorded under Section 183
BNSS, victim girl has supported the prosecution case.
6. Regards being had to the submissions made on
behalf of the parties and taking into consideration the fact
that direct allegation of kidnapping is against co-accused
Siddharth Yadav, petitioners are the parents of Siddharth
Yadav, I am inclined to grant the petitioners privilege of
anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event
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of their arrest or surrender before the Court below within
four weeks, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate 1st Class, Jhanjharpur, Madhubani, in connection
with Khutauna Police Station Case No. 62 of 2025, subject
to the condition laid down under Section 482 (2) of the
B.N.S.S.
(Anil Kumar Sinha, J)
Siwani/-
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