Allowed

Mithilesh Prasad Alias Mithu Prasad Alias Mittu v. the State of Jharkhand

Jharkhand HC11 Feb 2022B.A./453/2022

Case brief

AI extract

What is this about?

High Court of Jharkhand, per Justice Sanjay Prasad, granted bail to petitioner Mithilesh Prasad accused of offences under IPC and POCSO Act involving a minor, subject to bond conditions, relative surety requirement, and attendance until trial conclusion.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 10,000/- with two sureties (one relative) and undertaking to appear and not repeat offence.

Mithilesh Prasad Alias Mithu Prasad Alias… — Child Sexual Offences (POCSO) | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B. A. No. 453 of 2022

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….

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Mithilesh Prasad @ Mithu Prasad @ Mittu …… Petitioner Versus

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The State of Jharkhand …… Opposite Party

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. Arun Kumar Pandey, Advocate For the State : Mr. Sudhir Kumar Mahto, A.P.P.

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…. .

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

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…..

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02/11.02.2022 Defect nos. 5(e) and 9(i) as pointed out by the office may be removed and rest of the other defects are ignored.

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The petitioner is an accused in connection with Bagbera P.S. Case No. 30 of 2021 corresponding to Spl. Case No. 49 of 2021, registered for the offence under Sections 341/323/354/354A/354D/496/506 of the Indian Penal Code and Section 8 of the POCSO Act.

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Heard learned counsel for the petitioner and learned counsel for the State.

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It is submitted that allegation of outraging the modesty of informant is false and concocted and F.I.R. has been lodged after delay of one (01) day. It is submitted that petitioner is ready to abide by the terms and condition imposed by this Court and the petitioner will not commit such type of act in future again. It is submitted that petitioner is in custody since 06.08.2021 and hence, he may be enlarged on bail.

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On the other hand learned counsel for the State has

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opposed the prayer for bail application. It is submitted that victim girl is a minor girl and she has supported the prosecution case during her statement under Section 164 Cr.P.C. also.

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It appears that petitioner is alleged to have teased and assaulted the daughter of the informant and put vermilion on her head. It also appears from impugned order passed by the learned court below that the charges have been framed against the petitioner on 25.11.2021.

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Considering the custody and also in view of the undertaking given on behalf of the petitioner for not repeating such type of conduct in future again, the petitioner namely Mithilesh Prasad @ Mithu Prasad @ Mittu is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO at Jamshedpur subject to the condition that one of the bailors must be own relative preferably his father and the petitioner must remain present on each and every date till conclusion of the trial except for unforeseen circumstances and the petitioner shall file an undertaking that he will not get indulged himself in the crime in future again, failing which, the prosecution may take step for cancellation of his bail.

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(Sanjay Prasad, J.)

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Bibha/

Mithilesh Prasad Alias Mithu Prasad Alias Mittu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mithilesh Prasad Alias Mithu Prasad Alias Mittu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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