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Orissa High CourtBLAPL/1222/2022disposed off

Babuni @ Rabindranath Parida @ Rabindra Parida v. State Of Odisha

2022-08-03Mr. Justice Sashikanta Mishra1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1222 of 2022 Babuni @ Rabindranath Parida @ Rabindra Parida ....

Petitioner Mr. S.K. Behera, Advocate - Versus - State of Odisha ....

Opposite Parties Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

03.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

09.

2.

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

3.

The petitioner is in custody since 09.12.2021 in connection with Abhayachandpur P.S. Case No.40 of 2020 corresponding to G.R. Case No.373 of 2020 pending in the Court of learned Civil Judge-cumJ.M.F.C., Erasama for the alleged commission of offence under Sections 452/376(2)(n)/506 of IPC.

4.

It is alleged that the petitioner forcefully committed rape on the victim causing her to become pregnant. The above fact was clearly reflected in the statement of the victim recorded under Section 164 Cr.P.C as also in the medical examination report. 5.

In view of the availability prima facie materials showing the complicity of the petitioner, I am not inclined to allow the prayer for bail at this stage, which is therefore, rejected. It is however open to the petitioner to renew his prayer after examination of the victim during trial. 6.

BLAPL is accordingly rejected.

A.K. Rana (Sashikanta Mishra) Judge