Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 444 of 2025
Amar Behera
…. Petitioner Mr. B.S.Rayaguru, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. G. Mohanty, SC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 21.01.2025
01.
1. Heard Mr. Rayaguru, learned counsel for the petitioner and Mr. Mohanty, learned SC for the State.
2. No notice is issued to the informant considering the statement of the victim recorded under Section 180(3) BNS as at Annexure-2 and since, it is a case of elopement.
3. Instant petition under Section 483 of B.N.S.S., 2023 is filed by the petitioner for release of the petitioner on bail in connection with Special G.R. Case No.153 of 2024 corresponding to Maniabandha P.S. Case No.89 of 2024 pending in the file of learned Additional District & Sessions Judge-cum-Special Judged, Special Court under POCSO Act, Cuttack on the grounds stated.
4. Perused the chargesheet as at Annexure-3.
5. Gone through the F.I.R. as at Annexure-1. Recorded the
submissions of learned counsel for both the sides. On a reading of the victim’s statement at Annexure-2, the Court finds that she out of fear of being seen in the company of the petitioner eloped with him and returned back after four days and during such time, both have
had physical relationship. The age of the victim as on the date of alleged occurrence was 17 years and some odd. Considering the fact that the victim eloped with the petitioner and it was under the peculiar circumstances stated herein above so revealed from Annexure-2 and the fact that another accused connected to the case is already on bail as informed to the Court by Mr. Rayaguru,
learned counsel for the petitioner, the Court is inclined to release the present accused as well with conditions.
6. Accordingly, it is ordered.
7. In the result, the petition under Section 483 of B.N.S.S. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with Special G.R. Case No.153 of 2024 corresponding to Maniabandha P.S. Case No.89 of 2024 subject to him furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned Additional District & Sessions Judge-cum- Special Judged, Special Court under POCSO Act, Cuttack, who shall impose such other suitable conditions as deemed necessary in the
facts and circumstances of the case.
8. The BLAPL is disposed of.
9. Urgent certified copy of this order be granted as per rules.
(R.K. Pattanaik) Judge
kabita