Rabi Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11562 of 2021 Rabi Majhi ....

Petitioner Mr. S.N.Mishra-4 Advocate -versusState of Odisha ....

Opposite Party Mr.S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

09.3.2022.

02.

1. This matter is taken up through hybrid mode. Order No.

2. It is submitted that notice has been served upon the victim. However, there is no appearance on behalf of the victim. Hence, the Bail Application is taken up for hearing.

3. Heard Mr. S.N.Mishra-4, learned counsel for the Petitioner and Mr. S.K.Mishra, learned Addl. Standing Counsel for the State.

4. The Petitioner is in custody since 16th November, 2021 in connection with Bhawanipatna Sadar P.S.

Case

// 2 // No.408/2021corresponding to C.T. Case No.1245/100 of 2021(POCSO) pending in the court of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna for the alleged commission of the offence under Sections 363/366/376(3)/376(2)(n) of I.P.C and Section 6 of the POCSO Act.

5. Considering the submissions made, the materials on record, the period of detention already undergone and in particular the statement of the victim recorded under Sections 161 and 164 of the Cr.P.C., I am inclined to allow the prayer for bail.

6. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the trial court on each date of posting of the case without fail.

7. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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