Bhaja @ Bhajamana Mirdha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1955 of 2022 Bhaja @ Bhajamana Mirdha ....

Petitioner Mr. D. Panda, Advocate - Versus - State of Odisha & Anr.

....

Opposite Parties Mr. S.K. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

28.03.2022 Order No.

1.

This matter is taken up through hybrid mode.

1.

2.

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

3.

The petitioner is in custody since 27.08.2021 in connection with Dunguripali P.S. Case No.191 of 2021 corresponding to G.R. Case No.117 of 2021 pending in the Court of learned Sessions Judge, Sonepur for the alleged commission of offence under Sections 376(2)(l)/376(2)(n)/506 of IPC.

4.

It is alleged that the petitioner committed rape on the victim, as a result of which she became pregnant. It is submitted by learned State Counsel that in the meantime she has given birth to a child. 5.

A perusal of the statement of the victim recorded under Section 164 Cr.P.C reveals that she has directly implicated the petitioner of the alleged offence.

6.

Having regard to the above factors, I am not inclined to allow the prayer for bail, which is therefore, rejected. It is however open

to the petitioner to renew his prayer after examination of the victim.

7.

BLAPL is accordingly rejected.

(Sashikanta Mishra) Judge A.K. Rana