Jagdish Ram v. The State Of Bihar
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 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
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.
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
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
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/- U T