Allowed

Dipen Chhotaray v. State of Orissa

Orissa HC26 Aug 2015ABLAPL/8203/2015

Case brief

AI extract

What is this about?

This single-judge bench granted anticipatory bail to an applicant apprehending arrest for offences under IPC Sections 363 and 366-A. The court noted the victim, aged 19, had voluntarily eloped with the applicant and solemnized their marriage, indicating competent consent.

What did the court decide?

Application for anticipatory bail allowed; directed that upon arrest, the applicant shall be released on bail.

Dipen Chhotaray Vs State of Orissa — Child Sexual Offences (POCSO) | Orissa HC (2015)

¶1

ABLAPL No. 8203 of 2015

¶2

26.08.2015 Heard learned counsel for the petitioner and the learned Addl. Government Advocate.
 The petitioner is apprehending arrest for the alleged commission of offences under Sec
tions 363 and 366-A/34 of the I.P.C. in G.R. Case No.619 of 2015 of the court of S.D.J.M., Khu
rdha, arising out of Bolagarh P.S. Case No.88 of 2015.

¶3

 Perusal of the statement of the victim girl recorded under Section 164 of the Cr.P.C.
by the learned S.D.J.M., Khurda on 14.08.2015 reveals that the victim girl was in love with Di
pen Chhotaray. She has further stated that her parents were against such relationship, so on 0
1.05.2015 night at about 2 A.M. both of them eloped to Nayagarh and on 02.05.2015, they solemn
ized their marriage in a temple. Therefore, they are residing at Bhubaneswar as husband and wi
fe.

¶4

 Keeping in view the aforesaid consideration, facts of the case and the fact that the vi
ctim girl is 19 years of age and she is competent to give consent, the application for anticip
atory bail is allowed. It is directed that on the event of his arrest, he shall be released o
n bail on such terms and conditions as deemed just and proper by the Arresting Officer.
 The ABLAPL is accordingly disposed of.

¶5

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

¶6

Dipen Chhotaray v. State of Orissa

Case brief

What is this about?

What did the court decide?

Dipen Chhotaray v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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