Manas Kumar Pandua @ Bulu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2952 of 2021 Manas Kumar Pandua @ Bulu ....

Petitioner Mr. P.K.Sahoo, Advocate -VersusState of Odisha & Another ....

Opposite Parties Mr. Tapas Kumar Praharaj,SC

CORAM:

JUSTICE R.K.PATTANAIK Order No.

ORDER

20.09.2022 01.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that at present NBWA issued against the petitioner is pending execution post submission of charge sheet showing him as an absconder. It is further submitted that the victim on her own joined the company of the petitioner rather it is a case of elopement and as such, no case of kidnapping is made out so also any offence punishable offence under Section 6 of POCSO Act as has been alleged and while claiming so refers to the statement of the victim recorded under Section 164 Cr.P.C.

3. Since a limited prayer is made for the surrender of the petitioner and release on bail, the Court is of the view that a direction in that regard would serve the purpose and accordingly, it is ordered.

Kabita

4. In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender before the court of learned Special Judge, Bhadrak on or before 30th September, 2022 in connection with G.R. Case No. 542 of 2021 arising out of Naikandihi P.S. Case No. 172 of 2021 and in the event of his surrender, the court shall release him on bail with conditions.

5. An urgent certified copy of this order be issued as per rules. (R.K.Pattanaik) Judge