Sandeep Kumar @ Sandeep Kumar VermaversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3978 of 2025
                      Arising Out of PS. Case No.-114 Year-2025 Thana- Kharagpur District- Munger
                 ======================================================
                 Sandeep Kumar @ Sandeep Kumar Verma Son of Ramanand Verma @
                 Ramanand Sharma R/o Village - Mandir Tola, Dariyapur, P.S. -Haveli
                 Kharagpur, Dist. - Munger.

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Sitaram Paswan Son of Chandra Narayan Paswan R/o Village - Dariyapur
                 Mandir Tola,, P.S. -Haveli Kharagpur, Dist. - Munger.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Surya Narayan Sah, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, SPP
                 For the Informant       :        Mr. Kumar Kamal Nayan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   22-01-2026                 Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and learned counsel for

                   the informant.

                              2. The instant appeal has been filed by the appellant

                   against the order dated 12.08.2025 passed by learned Additional

                   Sessions Judge, SC/ ST Act, Munger whereby the prayer for bail

                   of the appellant in connection with SC/ST Kharagpur P.S. Case

                   No. 114 of 2025 under Sections 137, 87 of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 3(i)(r)(s) of SC/ST Act was rejected.

                              3. The allegation against the accused persons is of

                   kidnapping the daughter of the informant.
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                      4. Learned counsel for the appellant submits that the

          appellant has falsely been implicated in the present case.

          Learned counsel further submitted that there is a delay of three

          days in lodging the FIR without plausible explanation, which in

          itself, raises doubt over the prosecution story. Learned counsel

          further submitted that on perusal of the statements of the victim

          recorded under Sections 180 and 183 BNSS, it appears that

          there is vital contradiction between the said two statements.

          Learned counsel further submitted that the appellant never

          kidnapped the victim and, as a matter of fact, the victim, who is

          major, left her house on her own sweet will and no any

          compulsion was given by the appellant. 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. Charge-sheet has been submitted in this case.

          The appellant is in custody since 04.07.2025 and has no

          criminal antecedent.

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

          have vehemently opposed the prayer for grant of bail to the

          appellant stating that victim in her statement recorded under
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          Section 183 of the BNSS has supported the contents of the FIR.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          appellant, this Court is inclined to allow this appeal.

          Accordingly, the appeal is allowed and order dated 12.08.2025

          passed by learned Additional Sessions Judge, SC/ ST Act,

          Munger in connection with SC/ST Kharagpur P.S. Case No. 114

          of 2025.

                       7. Let the appellant, abovenamed, be released on bail,

          after framing of charge, if not already framed, on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with SC/ST Kharagpur

          P.S. Case No. 114 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the appellant.

                       (II) The appellant shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the appellant.

                       (III) If the appellant tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move
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                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T