Patna High Court
Niraj Kumar @ PintuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court granted bail to the appellant, setting aside the lower court's denial of bail.
Summary
The appellant, Niraj Kumar, was charged under Sections 363 and 366(A) of the Bihar Penal Code and Sections 3(1)(r)(w)(i) of the SC/ST (Prevention of Offences) Act for allegedly abducting a girl. He was denied bail by the Exclusive Special Judge on 28 July 2025 and remained in custody. The appellant contended his innocence, claiming a consensual relationship with the victim, and filed an appeal for bail. The High Court, after hearing the parties, considered the nature of the allegations and the appellant's claim of false implication. It set aside the lower court's order and granted bail on condition of a Rs.10,000 bond with two sureties, thereby allowing the appeal.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged abduction under Sections 363, 366(A) of the Bihar Penal Code and the SC/ST (POA) Act.
Legislation cited
- Bihar Penal Code — s. 363, 366(A)
- SC/ST (Prevention of Offences) Act — s. 3(1)(i), 3(1)(r), 3(1)(w)
Subjects
- bail
- abduction
- SC/ST (POA) Act
- criminal procedure
- Special Judge
- Section 363
- Section 366A
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.261 of 2026
Arising Out of PS. Case No.-117 Year-2024 Thana- CHAKIA District- East Champaran
======================================================
Niraj Kumar @ Pintu S/O Bhola Rai @ Bhola Ray R/O Village- Ahirauliya,
P.S- Chakia, Distt.- East Champaran.
... ... Appellant/s
Versus
The State of Bihar Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Abhishek Kumar
Mr. Harsha Shashwat
For the Respondent/s : Mr.Binay Krishna
For the informant : Mr. Ajay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 11-05-2026 Heard the parties.
2. The instant appeal has been filed by the appellant
against the order dated 28.07.2025 passed by the learned
Exclusive Special Judge-SC/ST (POA) Act, East Champaran at
Motihari whereby the bail application of the appellant in
connection with Chakia P.S. Case No. 117 of 2024 registered for
the offence under Sections 363, 366(A) of the BNS and under
Sections 3(1)(r)(w)(i) of SC/ST (POA) Act, was rejected.
3. The appellant is said to have abducted the victim
girl.
4. The appellant is in custody since 30.06.2025.
5. Learned counsel for the appellant has submitted
that the appellant is innocent and has falsely been implicated in
Patna High Court CR. APP (SJ) No.261 of 2026(4) dt.11-05-2026
2/2
this case. She further submits that the petitioner and the victim
were in relationship.
6. Learned Special P.P. for the State and the learned
counsel for the informant have vehemently opposed the prayer
for grant of bail to the appellant.
7. Considering the facts of the case and also
considering the nature of allegation levelled against the
appellant, this application is allowed and accordingly, the order
dated 28.07.2025, is hereby set aside.
8. Let the appellant be released on bail upon
furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Chakia P.S.
Case No. 117 of 2024.
(Sandeep Kumar, J)
Vikas/-
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