Orissa High Court
Lituna Biswal vs State Of Odisha .... Opp. Parties on 12 May, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3769 of 2023
Lituna Biswal .... Petitioner
Mr. Manoj Kumar Panda, Advocate
-versus-
State of Odisha .... Opp. Parties
Mr. D. Biswal, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 12.05.2023
02. 1. Heard learned counsel for the Petitioner and the State.
2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s.341/294/376/420/34 of IPC in connection with Cuttak Sadar PS Case No.190 of 2023 corresponding to GR Case No.380 of 2023 pending in the court of learned JMFC (R), Cuttack.
3. The allegation though reveals that the victim voluntarily remained contact with the Petitioner and continued physical relationship. The Petitioner too allured her to marry and also pretended by impression of marriage in the Mangala temple at Kakatpur. Subsequently, the Petitioner ignored her. The Petitioner did not respond when the Informant contacted him, for which the Informant proceeded to her house and informed about her relationship to which the Petitioner agreed. But later abandoned from the statement of the victim. But subsequently, the Petitioner extended threat to the victim saying not to Page 1 of 2 // 2 // precipitate the photographs taken by him. In such event, she would have no place in the society, the victim committed suicide
4. It is stated by learned counsel for the Petitioner that alleged conduct between them do not make out a case under Section 376 of IPC in as much as the victim not only a major woman but also holding every reason to be aware of the consequence of relationship with the Petitioner as if the allegations are take to be true for the sake of argument. He further submitted that the allegations being vague and concocted, the Petitioner is no way liable for any omission or commission vis-à-vis the victim.
5. Keeping in view the fact and circumstances, having gone through the nature of allegations as emerged from the material on record and further the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, the Petitioner is at liberty to surrender before the learned JMFC (R), Cuttack in Cuttak Sadar PS Case No.190 of 2023 corresponding to GR Case No.380 of 2023 within three weeks from today and move for bail the learned court in seisin over the matter shall consider the bail application of the Petitioner in the first hour of the day, strictly on the basis of the materials available on record in its own merit.
6. In case of rejection of the bail application by the learned court, the Petitioner may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day on its own merit.
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7. Case Diary be made available as per practice of the court to the learned courts below as soon as possible to facilitate disposal of the bail application of the Petitioner on the same.
8. It is further made clear that the order passed herein is not in affirmative. The court shall apply its own wisdom in dealing with the application for bail allowing or rejecting the same taking into account the gravity of offence and severity of punishment. The ABLAPL is disposed of.
(Chittaranjan Dash) Judge AKPradhan Signature Not Verified Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: SENIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA Date: 15-May-2023 10:33:44 Page 3 of 3