In a hybrid hearing, the petitioner sought pre-arrest bail for offences including rape of a minor. The court held the petition non-maintainable under Section 438(4) Cr.P.C. due to the victim's age, advising surrender instead.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.15901 of 2020
Prafulla Patra alias Prafulla Kumari Patra.
…. Petitioner
-versus-
…. State of Odisha Opposite Party
CORAM: JUSTICE S. PUJAHARI
Order No.
ORDER 09.11.2021 1. This matter is taken up through Hybrid mode.
Page 1 of 2
// 2 //
SKB/MRS
(S. Pujahari)
Judge
Page 2 of 2
2 issues framed by the court
Whether this petitioner is entitled to pre-arrest bail for an FIR involving a victim under sixteen years of age under Section 376(3) of IPC.
Whether the provision of Section 438(4) of Cr.P.C. bars the maintenance of a bail application.
3 provisions across 3 enactments
Prafulla Patra alias Prafulla Kumari Patra
State of Odisha
S. PUJAHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
