Asish Kumar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8207 of 2022 Ashis Kumar Behera ....

Petitioner Mr. Partha Sarathi Das, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashanka Patra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

17.10.2022 Order No.

05.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

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

3.

Perused the 164, Cr.P.C. statement of the victim girl. The victim has stated in her statement that she was in love relationship with the present Petitioner and on her own volition she had fled away with the petitioner and that she had not been kidnapped by the Petitioner. She has further stated that both of them have married in the meantime and leaving together peacefully and leading happy conjugal life. She has also stated in her statement that, since her family members were not in favour of the Petitioner, she had to take the extreme step of fleeing away with the Petitioner. 4.

Learned counsel for the Petitioner submits that the victim is a major girl.

// 2 // 5.

Considering such submission, seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Champua in G.R. Case No.190 of 2022 corresponding to Champua P.S. Case No.72 of 2022 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case. 6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida