Mithlesh Kumar @ Mithlesh Yadav @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40907 of 2022 Arising Out of PS. Case No.-94 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== Mithlesh Kumar @ Mithlesh Yadav @ Mithilesh Kumar Son of Pago Yadav @ Rameshwar Yadav R/O Village- Inarbatar, P.S.- Laraiyatar, DistrictMunger ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the State :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Laraiyatar P.S. Case No. 94 of 2021 registered for the offence under Sections 354(B), 354(D), 509 and 34 of the Indian Penal Code and Section 8 of the POCSO Act.

The accused/petitioner is named in the F.I.R. and is in custody since 14.06.2022.

The allegation against the petitioner is to outrage the modesty of minor daughter of the informant, alongwith other co-accused persons, while she went to the near field to attend

Patna High Court CR. MISC. No.40907 of 2022(3) dt.06-12-2022 2/3 nature's call, at about 6 pm.

Learned counsel appearing on behalf of the petitioner submitted that the allegation, as regard to outrage the modesty, is very much general and omnibus against this petitioner. It is submitted that co-accused, having more serious allegation, has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 39404 of 2022 dated 02.11.2022, whereas, the allegation against this petitioner is only to snatch a mobile, without having any allegation towards sexual assault. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as allegation, as regard to outrage the modesty, is very much general and omnibus coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Laraiyatar P.S. Case No. 94 of 2021 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.40907 of 2022(3) dt.06-12-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO Act)-cum-Additional Sessions Judge-VI, Munger/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U T