← Library
Orissa High CourtABLAPL/12601/2022disposed off

Lokanath Pradhan v. State Of Odisha

2022-10-17Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12601 of 2022 Lokanath Pradhan ....

Petitioner Mr.Kartika Ch.Tripathy, Advocate -versusState of Odisha ....

Opposite Party Mr.S.Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

17.10.2022 Order No.

02.

1.

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

2.

Heard learned counsel for the Petitioner, learned Addl. Standing Counsel for the State. Perused the records. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 363/506 of the Indian Penal Code.

4.

It is submitted by the learned counsel for the Petitioner that the Petitioner and the victim were in love relationship. Accordingly both of them were interested for getting married. But since their family members did not support them, they fled away from the village. It is further submitted by the learned counsel for the Petitioner that in the meantime the victim has been rescued and in her statement recorded under section 164 Cr.P.C. the victim has categorically admitted that she has love relation with the Petitioner

// 2 // and with her consent they fled away and living together and leading a happy conjugal life.

5.

Learned Additional Standing counsel on the other hand referring to the statement of the victim recorded under section 164 Cr.P.C. submits that both the Petitioner and the victim are living together and leading a happy conjugal life.

6.

Considering such submission, the Petitioner is directed to surrender before the learned J.M.F.C. (R), Cuttack in G.R.Case No.1977 of 2022 arising out of Jagatpur P.S.Case No.325 of 2022 and moves for bail 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.

7.

The ABLAPL is disposed of accordingly.

8.

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