Bulu Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 769 of 2022 Bulu Mallik ....

Petitioner Mr. S.R. Subudhi, Advocate - Versus - State of Odisha ....

Opp. Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

30.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

07.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 30.12.2021 in connection with Dharmasala P.S. Case No.627 of 2021 corresponding to C.T. Case No.2030 of 2021 pending in the Court of learned J.M.F.C., Chandikhol for the alleged commission of offence under Sections 493/471/376(2)(n)/323/385/506 of IPC. 4.

Though it is alleged that on the pretext of marriage, the petitioner kept physical relationship with the victim causing her to be pregnant thereby. Subsequently, he went back on his promise and did not respond to the victim's requests. In the meantime however, on being released on interim bail by this Court, the petitioner has married the victim, who is residing happily with him in her matrimonial house.

5.

An affidavit was filed by the victim on the last date. Learned State Counsel has also obtained instructions that the facts stated in the affidavit are true and that the victim is presently residing in

her in-laws house.

6.

Having regard to the above facts, I find no justification to detain the petitioner in custody any longer. The bail application is allowed. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.

7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana