Patna High Court
Reyaj Ali @ Reyajuddin MiyanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The appeal for bail was dismissed, and the appellant was not granted bail.
Summary
The appellant, Reyaj Ali, was charged with kidnapping, assault and caste‑based harassment of a 14‑year‑old girl, alleged to have been abducted on a motorcycle with the aid of armed men. The prosecution’s charge‑sheet also includes offences of attempted rape, sexual assault under the POCSO Act and violations of the SC/ST (Prevention of Atrocities) Act. The appellant contended that the FIR was lodged after an unjustified delay, that he and the victim were in a consensual relationship, that the victim later denied any abduction and is now pregnant, and that no caste slur was uttered in public. The State and the informant opposed bail, emphasizing the gravity of the offences, especially those under Sections 366A, 376 IPC, Sections 4 & 6 POCSO Act and the SC/ST Act. Considering the seriousness of the charges, the High Court dismissed the bail appeal and directed the trial court to expedite the trial.
Issues considered
- Whether bail should be granted to the appellant in view of the alleged kidnapping, assault and caste‑based offences under the SC/ST Act
- Whether the alleged delay in filing the FIR and the claim of a consensual relationship affect the bail application
- Whether the inclusion of offences under the POCSO Act and the SC/ST Act warrants denial of bail
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 364A, 366A, 376, 504, 506
- Protection of Children from Sexual Offences Act — s. 4, 6
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(2)(va)
Subjects
- bail
- kidnapping
- assault
- SC/ST Act
- POCSO Act
- IPC
- caste discrimination
- sexual offences
- criminal procedure
Judgment
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
4 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
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