Laxminarayan Kar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3981 of 2022 Laxminarayan Kar ....

Petitioner Mr. S.K. Biswal, Advocate - Versus - State of Odisha & Others ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

04.07.2022 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 10.01.2022 in connection with Khaira P.S. Case No.218 of 2021 corresponding to C.T. Case No.839 of 2021 pending in the Court of learned Addl. District Judge-cum- Special Judge, (POCSO), Balasore for the alleged commission of offence under Sections 363/366/376(2)(n) of IPC read with Section 6 of POCSO Act.

4.

It is alleged that the petitioner kidnapped the victim, who is a minor girl, and took her to Goa, where he had physical relationship with her. The statement of the victim recorded under Section 164 Cr.P.C. however reveals a different story.

5.

Considering the submissions, materials on record, the period of detention in custody and in particular the statement of the victim recorded under Section 164 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.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana