Allowed¶14

Dinesh Mirdha v. the State of Jharkhand

Jharkhand HC7 Aug 2024B.A./6620/2024

Case brief

AI extract

What is this about?

Jharkhand High Court bail application allowed (B.A. No. 6620 of 2024, decided 07.08.2024, Justice Subhash Chand): release of Dinesh Mirdha in S.T. No. 53 of 2024 / Shikaripara P.S. Case No. 120 of 2023 under Sections 376(2)(n) IPC, Dumka; victim aged 23 at FIR and major earlier, relations deemed consensual; earlier 2022 FIR under Sections 376/313 IPC registered while applicant was on jail bail; pretext-of-marriage allegation; bail bond Rs. 25,000 with two sureties of like amount.

What did the court decide?

Release of the applicant on bail in Shikaripara P.S. Case No. 120 of 2023 (S.T. No. 53 of 2024) upon furnishing a bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the court concerned. ¶14

Dinesh Mirdha Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 6620 of 2024

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Dinesh Mirdha, aged about 25 years, son of Arun Mirdha, resident of village Dhakajore, P.O. and P.S. Raneshwar, District- Dumka, Jharkhand. …. … Petitioner Versus

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The State of Jharkhand …. ... Opp. Party --------

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Durga C. Mishra, Advocate For the State : Mrs. Ruby Pandey, A.P.P.

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Order No. 03/ dated 07.08.2024

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Heard learned counsel for the applicant and the learned A.P.P. for the State.

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This bail application has been filed on behalf of the applicant- Dinesh Mirdha with the prayer to release on bail in connection with Shikaripara P.S. Case No. 120 of 2023 (S.T.No. 53 of 2024), registered under Sections 376(2) (n) of the Indian Penal Code, pending in the Court of the Additional Sessions Judge-II, Dumka.

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The F.I.R. of this case was lodged by the victim herself with these allegations that she had love affairs for last 4 to 5 years with Dinesh Mirdha who on the pretext of marriage had been establishing sexual relation with her. In the year 2022 Shikaripara P.S. Case No. 143 of 2022 was also registered on 05.11.2022 under Sections 376/313 of the Indian Penal Code against Dinesh Mirdha who had come from the Jail on bail and still thereafter he continued to establish physical relation with her on the very pretext of marriage. On 22.12.2023 at 7

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O’clock while she was going along with Dinesh Mirdha towards the Jungle the villagers had seen them and brought them to the village. Efforts were made to get both married but the family members of the boy refused for the same hence this F.I.R. was lodged.

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On the date of lodging this F.I.R. victim was 23 years old as stated in the F.I.R. itself and 4 to 5 years ago also victim was major. She had been establishing physical relation with the accused Dinesh Mirdha even after lodging the F.I.R. against him in the year 2022. The victim being major and her conduct itself shows that the physical relation which established between the two were consensual.

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In view of the above, the bail petition of the petitioner is allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in the aforesaid case.

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(Subhash Chand, J.)

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P.K.S

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Dinesh Mirdha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dinesh Mirdha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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