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Orissa High CourtBLAPL/3887/2022disposed off

Bikash Patra v. State Of Odisha

2022-09-29Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3887 of 2022 Bikash Patra ....

Petitioner Mr. P.K.Nayak, Advocate -Versus - State of Odisha and another ....

Opposite Parties Mr. P. Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 29.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

2.

2.

Learned State Counsel informs that notice on the informant/victim has already been served on 11.06.2022. There is however no appearance from her side. Hence, the bail application is taken up for hearing.

3.

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

4.

The petitioner is in custody since 12.02.2022 in connection with Jamda P.S. Case No. 17 of 2022 corresponding to C.T. Case No. 15 of 2022 pending in the Court of learned Addl. District & Sessions Judge-cum-P.O. Special Court under POCSO Act, Mayurbhanj for the alleged commission of offence under Sections 363/366/376(3)/376(2)(n)/506 of IPC read with Section 6 of POCSO Act.

5.

Considering the submissions made, the materials on record, the period of detention in custody and in particular the statement of

the victim recorded under Section 161 of 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.

4. The BLAPL is disposed of accordingly.

5. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge B.C. Tudu