Patna High Court
Niroj Miyan @ Niroj MianversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Niroj Miyan, was arrested for alleged offences under sections 318(4) and 143 of the BNS, section 79 of the Juvenile Justice Act, and sections 3 and 14 of the Child Adolescent Labour (Prohibition and Regulation) Act, 1986. Four minor girls were found in a train compartment, and the prosecution alleged that the petitioner was taking them to Gorakhpur to locate a husband and to promise them employment. The petitioner contended that the girls voluntarily accompanied him, denied any illicit purpose, and asserted his innocence and lack of prior criminal record. He applied for regular bail, arguing that the statements in the FIR showed no coercion. The court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under the BNS, Juvenile Justice Act and Child Adolescent Labour Act involving minor girls
Legislation cited
- BNS — s. 143, 318(4)
- Juvenile Justice (Care and Protection of Children) Act — s. 79
Subjects
- bail
- child trafficking
- juvenile justice
- child labour
- minor girls
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73183 of 2025
Arising Out of PS. Case No.-14 Year-2025 Thana- RAXAUL RAIL P.S. District- West
Champaran
======================================================
Niroj Miyan @ Niroj Mian S/o Late Arman Mian R/o Village- Bhansar
Sirisiya, Ward No. 25, P.S.- Birta Bara, District- Parsa Nepal, Presently
Residing at Raxaul, P.S.- Raxaul, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 318 (4), 143
of the BNS and Section 79 of the JJ Act and Section 3 and 14 of
the Child Adolescent Labour (Prohibition and Regulation) Act,
1986.
3. The case of the prosecution, in brief, is that four
minor girls were found sitting in a compartment of Train No.
15273 stationed at Raxaul Platform. Upon interrogation, it was
revealed that the petitioner was taking the said minor girls to
Gorakhpur, Uttar Pradesh, purportedly to locate the husband of
one Manisha Kumari, and had also allegedly promised to
Patna High Court CR. MISC. No.73183 of 2025(4) dt.16-03-2026
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arrange employment for all of them.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
from a perusal of the F.I.R. itself, it is evident that the
statements of the four minor girls form part of the F.I.R.,
wherein all of them have stated that they were accompanying
the petitioner of their own volition without informing their
family members. It is further submitted that none of the girls has
alleged that the petitioner was taking them for any illicit
purpose. Rather, all of them have stated that they were promised
employment in Uttar Pradesh. It is further submitted that the
petitioner has no criminal antecedent and is in custody since
14.05.2025.
5. Learned A.P.P. vehemently opposes the prayer for
bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Raxaul Rail P.S. Case No. 14 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.73183 of 2025(4) dt.16-03-2026
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District and Additional Sessions Judge 1st cum Special Judge,
SC/ST, Bettiah, West Champaran.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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