Dismissed

Rama Chandra Mahanta v. State of Orissa

Orissa HC3 Dec 2016ABLAPL/6319/2016

Case brief

AI extract

What is this about?

The High Court rejected an application for anticipatory bail of a Village Level Worker accused of rape under Section 376-D IPC and intimidation. The Court declined bail due to the heinous nature of the offence and the accused's position, which posed a high risk of tampering with evidence and influencing the victim.

What did the court decide?

Application for anticipatory bail rejected.

Rama Chandra Mahanta Vs State of Orissa — Anticipatory Bail | Orissa HC (2016)

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ABLAPL NO.6319 OF 2016

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03.12.2016 I have already heard learned counsel for the petitioner and learned Addl. Government
Advocate for the State.

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2. The petitioner is apprehending arrest for the alleged commission of offences under Sectio
ns 376/506/34 of the I.P.C. and Section 6 of the Indecent Representation of Women (Prohibition
) Act, in G.R. Case No.83/2016 of the court of learned S.D.J.M., Champua arising out of Baria
 P.S. Case No.25/2016.

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3. Perused the F.I.R. as well as the statement of the victim girl recorded under Section
164 of the Cr.P.C. It is apparent that the petitioner along with one Bibekananda Pradhan has c
ommitted rape upon the victim girl despite of her resistance. So offence under Section 376-D a
nd offence under Section 506/34 of the I.P.C. read with Section 6 of the Indecent Representat
ion of Women (Prohibition) Act are well made out against the present petitioner. The petitione
r happens to be the Village Level Worker-cum-Panchayat Executive Officer, so there is every ch
ance of tampering with the prosecution evidence and influencing the victim girl.

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4. Keeping in view the aforesaid consideration and the maximum punishment prescribed for the
 offence under Section 376-D of the I.P.C., which is punishable with imprisonment for life or
death, this Court is of the opinion that anticipatory bail should not be granted to the presen
t petitioner. Accordingly, his application for anticipatory is rejected.

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

¶7

 S.K.Mishra, J

Rama Chandra Mahanta v. State of Orissa

Case brief

What is this about?

What did the court decide?

Rama Chandra Mahanta v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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