Amlan Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10920 of 2022 Amlan Behera ....

Petitioner Mr. Purna Chandra Behera, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

12.09.2022 Order No.

01.

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.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 394/511, I.P.C.

4.

It is submitted by learned counsel for the Petitioner that the Petitioner is a minor boy aged about 17 years. He further submits that the Petitioner has been falsely implicated in this case. 5.

Considering such submission, the nature and 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 directed that the Petitioner shall appear before the Juvenile Justice Board within three weeks from today. Further it is directed that the Petitioner shall not

// 2 // be arrested in connection with Chauliaganj P.S. Case No.264 of 2022 corresponding to G.R. Case No.1072 of 2022 pending in the Court of learned J.M.F.C. (City), Cuttack till he appears before the Juvenile Justice Board.

6.

It is open for the Juvenile Justice Board to pass any order as would be deemed just and appropriate in accordance with the Juvenile Justice (Care & Protection of Children) Act, 2015. 7.

Since the case is now stated to be pending in the court of learned J.M.F.C.(City), Cuttack, on an application being made by the Petitioner before that Court, for appearance before the JJ Board, the record shall be transmitted by the learned Magistrate immediately to the JJ Board.

8.

With the aforesaid observation, the ABLAPL is disposed of. 9.

The ABLAPL is disposed of accordingly.

10.

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