Siba @ Sabar Naik @ Shiba @ Shabara Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3613 of 2022 Siba @ Sabar naik @ Shiba @ Shabara Naik ....

Petitioner Mr. P.S. Das, Advocate - Versus - State of Odisha & Anr.

....

Opp.Parties Mr. P. Tripathy, Addl. Govt. Advocate

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

29.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

4.

2.

From the perusal of the tracking report placed by the Registry, it appears that notice issued to the victim has been served on 29.08.2022. There is however, no appearance from the side of the victim.

3.

The petitioner is in custody since 27.11.2021 in connection with Joda P.S. Case No.189 of 2021 corresponding to Special Case No.109 of 2021 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Keonjhar for the alleged commission of offence under Sections 376(3)/376(2)(n) of IPC read with Section 6 of POSCO Act.

4.

Considering the submissions, materials on record and in particular the statement of the victim recorded under Section 164 Cr.P.C., I am inclined to allow the prayer for bail. 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. 5.

BLAPL is accordingly disposed of.

6.

Issue urgent certified copy as per rules (Sashikanta Mishra) Judge A.K. Rana