Kirati Sethia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11800 of 2022 Kirati Sethia ....

Petitioner Mr. D. Dash, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

11.05.2023 I.A. No.650 of 2023 06.

1.

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

2.

This I.A. has been filed by the petitioner for extension of time to surrender of the petitioner.

3.

Pursuant to the order dated 08.05.2023, victim along with the informant appeared before this Court through virtual mode. On query by this Court, the victim emphatically submitted that she does not want to oppose the bail application of the petitioner. 4.

Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the case record as well as the statement of the victim.

5.

The petitioner is an accused in C.T. Case No.425/17 of 2020-22 arising out of Dharamgarh P.S Case No.147 of 2020 pending in the court of learned Additional District and Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna for commission of offence

// 2 // punishable under Section 363, I.P.C. and thereafter tuned to under Sections 366/376(2)(n)/376(3) and POCSO Act.

6.

It is submitted by the victim that in the meantime, she has married the petitioner in a temple and she is staying in her father-inlaws's house and that she has blessed with a male child. 7.

Eight weeks' further time from today is extended for the petitioner to surrender before the learned court below, vide order dated 21.09.2022 passed in ABLAPL No.11800 of 2022, but subject to depositing cost of Rs.500/- (Rupees five hundred) in the Advocates' Welfare Fund of Orissa High Court Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit. 8.

It is made clear that, if the cost is not deposited within the stipulated time, time extended for the petitioner to surrender shall stand revoked automatically.

9.

The I.A. is disposed of accordingly.

Urgent certified copy of this order be granted on proper application.

Jagabandhu ( A.K. Mohapatra ) Judge Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 15-May-2023 13:12:36