Sanjay Penthei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2343 of 2022 Sanjay Penthei ....

Petitioner Mr. Samarendra Mohanty, Advocate -Versus - State of Odisha ....

Opposite Party Mr. S.K. Mishra, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 13.04.2022 1.

This matter is taken up through hybrid mode.

Order No.

2.

2.

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

3.

The petitioner is in custody 03.12.2021 in connection with Telkoi P.S. Case No. 154 of 2021 corresponding to G,R, Case No. 76 of 2021 pending in the Court of learned J.M.F.C., Telkoi for the alleged commission of offence under Sections 376 of IPC. 4.

It is alleged that while the victim, who is a married lady was returning home from the weekly hat with her young daughter, the accused dragged her and forcibly raped her. Hearing the cries of the victim as well as her daughter, the villagers came to the spot and rescued both of them. Several witnesses including the minor daughter of the victim have spoken in vivid details about the occurrence, which reveals a strong prima facie case against the petitioner.

5.

Considering the above fact, I am not inclined to allow the prayer for bail, which is therefore rejected. However, liberty is granted to the petitioner to renew his prayer after examination of some material witnesses including the victim and her minor daughter.

6.

The BLAPL is accordingly rejected.

(Sashikanta Mishra) Judge B.C. Tudu