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High CourtsSingle Bench(2023) 10 OHC CK 0093

Rankanidhi Bharimalla @ Rinku Bharimalla vs State Of Odisha

Orissa High Court · Decided on 13 October 2023

HON’BLE JUDGES
Savitri Ratho, J
CASE NUMBER
Bail Application No. 11183 Of 2023
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Judgment

9 paragraphs · 335 words

Savitri Ratho, J

1.

This application under Section 439 of Cr.P.C. has been filed in connection with Chandaka P.S. Case No.232 of 2023 corresponding to T.R. Case No.457 of 2023, pending in the Court of the learned Addl. Sessions Judge-cum-Special Judge (POSCO), Bhubaneswar under Sections 363/366/376 (2) (n) of IPC read with Section 6 of the POCSO Act..

2.

The allegation against the petitioner in brief is that on 10.07.2023 at about 9.06 p.m., the petitioner kidnapped the minor victim from the shop of her father at Dalua and on the pretext to marry her, he kept physical relationship with her forcibly.

3.

Mr. Bijay Kumar Behera, learned counsel for the petitioner referring to the statement of the victim recorded under Section 164 Cr.P.C. submits that the victim had love affairs with the petitioner and she left voluntarily with him and when they were preparing to get married, the police has rescued the victim and arrested the petitioner. Mr. Behera, learned counsel submits that the petitioner and the victim girl had got married and they are interested to live together as husband and wife.

4.

Mr. S.S.Pradhan, learned Addl. Government Advocate opposes the prayer for bail stating that the victim is a minor and she has been enticed and taken away by the petitioner and now she is pregnant. He further submits that the petitioner has three criminal antecedents.

5.

List this matter on 28.11.2023.

6.

Mr. B.K.Behera, learned counsel for the petitioner is directed to serve an extra copy of the brief on Mr. S.S.Pradhan, learned Addl. Government Advocate to enable him to obtain instruction from the informant and intimate him that the case is posted to 28.11.2023 and in case he cannot engage an advocate, he can appear through video conferencing mode from the police station or the Virtual Court when the bail application is taken up.

7.

Mr.Pradhan, learned Addl. Government Advocate shall obtain instructions through the I.O. about the health condition of the victim who had claimed to be pregnant.

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