Bhisma Khadia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11921 of 2022 Bhisma Khadia ....

Petitioner Mr. Dibyajyoti Sahoo, Advocate -Versus - State of Odisha ....

Opposite Party Mr. P.Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 20.12.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is in custody since 08.10.2022 in connection with Jharsuguda P.S. Case No. 588 of 2022 corresponding to C.T. Case No. 2597 of 2022 pending in the Court of learned S.D.J.M., Jharsuguda for the alleged commission of the offence under Sections-376(2)(n)/417/323/506 of the I.P.C. 4.

It is alleged that the petitioner kept physical relationship with the victim on the pretext of marriage. It is further alleged that she became pregnant but such pregnancy was terminated at the instance of the petitioner. The victim is also said to have paid a sum of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand) to the petitioner and further Rs.10,000/-(Rupees Ten Thousand) towards purchase of a Scooty.

5.

Considering the nature of accusations and particularly the statement of the victim recorded under Section-161 Cr.P.C., I am inclined to allow the prayer for bail of the petitioner. Let the

petitioner be released on bail on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose, including the conditions that he shall deposit a sum of Rs.1 Lakh in the form of a short term fixed deposit in any Nationalized Bank being pledged to the Court. Such deposit shall be without prejudiced to the rival claims.

6.

Accordingly, the BLAPL is disposed of.

7.

Urgent certified copy of this order be granted as per rules. (Sashikanta Mishra) Judge Balaram