Dularam Majhi @ Kisku @ Samay v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5018 OF 2021 Dularam Majhi @ Kisku @ Samay .........

Petitioner Mr. Nityananda Mohapatra, Advocate -versusState of Odisha ............

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

22.04.2022 Order No.

03.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with C.T. Case No. 688 of 2020 corresponding to Mahuldiha P.S. Case No. 59 of 2020, pending on the file of the learned S.D.J.M., Karanjia for the alleged commission of offence under Sections-363/366/306 of the IPC, read with Section-9 of Prohibition of Child Marriage Act, and the petitioner is in custody since 09.12.2020. 3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Additional Sessions Judge, Karanjia by Order dtd. 24.05.2021 in Bail Application No. 79 of 2021, the present BLAPL has been filed.

4.

Heard Mr. N. Mohapatra, learned counsel for the petitioner and Mr. K.K. Gaya, learned Additional standing Counsel for the State.

5.

Though the F.I.R. was inter alia filed under Section 302, I.P.C and Final Form has been submitted under Section363/366/306 of the I.P.C read with Section-9 of Prohibition of Child Marriage Act. the petitioner is stated to be in custody since 09.12.2020.

6.

Learned counsel for the State opposes the prayer for bail of the petitioner.

7.

Taking into account, the nature of allegation and the period of custody, this Court directs that, the petitioner to be released on bail on such terms and conditions to be fixed by the learned Court in seisin over the matter 8.

The Bail Application thus stands disposed of. 9.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge