Reyaj Ali @ Reyajuddin Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3566 of 2025 Arising Out of PS. Case No.-14 Year-2024 Thana- SC/ST District- Gopalganj ====================================================== Reyaj Ali @ Reyajuddin Miyan Son of Sultan Ali @ Sultan Miyan Resident of Village-Belsand, PS-Madhopur, Dist.-Gopalganj ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Krishna Ram son of Late Tribhuwan Ram Resident of Village-Belsand, (Lala tola) PS-Madhopur, Dist.-Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Uday Pratap Singh, Advocate For the State :

Mr. Sadanand Paswan, SPP For the Informant :

Mr. Aditya Raman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-01-2026 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant. Perused the case diary.

2.

The instant appeal has been filed by the appellant against the order dated 31.07.2025 passed by learned District & Additional Sessions Judge-XI-cum-Special Judge, SC/ST act, Gopalganj whereby the prayer for bail of the appellant in connection with Gopalganj SC/ST PS Case No. 14 of 2024 instituted under Sections 341, 323, 364A, 504, 506 & 34 of the Indian Penal Code (for short 'IPC') and Section 3(2)(va) SC/ST Act was rejected.

3.

Prosecution case, in short, is that on December 7,

Patna High Court CR. APP (SJ) No.3566 of 2025(4) dt.15-01-2026 2/3 2023, the informant alleged that the petitioner and an accomplice forcibly kidnapped his 14-year-old daughter via motorcycle, assisted by armed individuals who terrorized witnesses, and subsequently subjected the informant to physical assault and caste-based slurs when he attempted to locate her. 4.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. It is submitted that the FIR was lodged with an unexplained delay of 13 days. It is next contended that the victim and appellant were in a consensual love relationship for about five years, voluntarily left home, solemnized Nikah, and in her statement under Section of the 164 Cr.P.C., she has denied any abduction, stating her age as 21 years. Further, the victim has been recovered and medical examination shows that she is pregnant. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 07.07.2025 and has no criminal antecedent. 5.

Learned Special P.P. for the State and the informant

Patna High Court CR. APP (SJ) No.3566 of 2025(4) dt.15-01-2026 3/3 have vehemently opposed the prayer for grant of bail to the appellant. It is submitted that charge sheet in this case is submitted under Sections 366A & 376 of the IPC, Sections 4 & 6 of the POCSO Act and Sections 3(1)(r) of the SC/ST Act. 6.

Considering the aforesaid facts and circumstances of the case and specifically taking into account the fact the nature and gravity of the offence as also charge sheet being submitted under Sections 366A & 376 of the IPC, Sections 4 & 6 of the POCSO Act and Sections 3(1)(r) of the SC/ST Act, this Court is not inclined to allow the appeal. Appeal is, accordingly, dismissed.

7.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T