Biranchi Baliarsingh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5456 of 2022 Biranchi Baliarsingh ....

Petitioner Mr. M. Das, Advocate - Versus - State of Orissa ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

29.06.2022 1.

This matter is taken up through hybrid mode.

Order No.

01.

2.

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

3.

The petitioner is in custody since 23.04.2022 in connection with Daringbadi P.S. Case No.69 of 2022 corresponding to C.T. Case No.102 of 2022 pending in the Court of learned J.M.F.C., Daringbadi for the alleged commission of offence under Sections 376(1)/376(2)(n)/313/354/323/34 of IPC.

4.

It is alleged that the petitioner and the victim were working in the State of Kerala. The victim had difference of opinion with her first husband and therefore, she had gone to Kerala for search of work, where she met with the petitioner and developed love relationship with her. In course of such relationship they had physical relationship on several occasions. As it appears, FIR was lodged as the petitioner did not reveal any intention to marry the victim. 5.

Considering the submissions, materials on record 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.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana