Dismissed

Madhabilata Behera v. State of Odisha

Orissa HC19 Apr 2021ABLAPL/4447/2021

Case brief

AI extract

What is this about?

In a bail petition filed by Madhabilata Behera under Section 438 CrPC regarding offences under Sections 376(2)(n), 294, 323, 506 IPC read with the SC/ST (PoA) Act, the Honorable Court refused pre-arrest bail citing prohibition under Section 18 of the Act. The petitioner was granted liberty to surrender after giving 10 days' notice to the Investigating Officer and victim to contest the bail applica

What did the court decide?

Pre-arrest bail refused; liberty granted to surrender after 10 days' notice to IO and victim for merits consideration on date of surrender.

Madhabilata Behera Vs State of Odisha — Caste Atrocities | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA, CUTTACK

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ABLAPL No.4447 of 2021

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Madhabilata Behera. … Petitioner .

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- Versus –

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1. State of Odisha.

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2. Malli Purty. … Opp. Parties.

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CORAM: HON’BLE SHRI JUSTICE S.PUJAHARI

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O R D E R

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19.04.2021

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This matter is taken up by video conferencing

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mode.

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Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner apprehending her arrest in Champua P.S. Case No.34 of 2021 corresponding to Special Case No.8 of 2021 pending in the court of Addl. District & Sessions Judge, Champua, registered for alleged commission of offences punishable under Sections 376(2)(n), 294,323,506, 34 of I.P.C. read with Sections 3(1)(r)/3(1)(s), 3(2)(v) and 3(2)(va) of SC & ST (PoA) Act has filed this petition for her release on prearrest bail.

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In view of the prohibition under Section 18 of the S.C. & S.T. (PoA) Act, I am not inclined to grant prearrest bail to the petitioner.

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However, if so advised, the petitioner may surrender and move for bail before the court in seisin over the matter in the aforesaid case giving ten clear days notice of such surrender to the I.I.C./I.O/P.P concerned in order to enable her to intimate the same to the victim or dependant of the victim, as the case may be, to have her response on the bail application of the petitioner by remaining present in the court in person or through counsel and also the I.O to cause production of the case diary on the date of such surrender before the court concerned. Needless to say that on the date of surrender if the petitioner furnishes the proof to the court concerned regarding such notice, the court shall consider and dispose of her prayer for bail in course of the day in its own merit even in the absence of the victim or dependant of the victim, as the case may be. It is made clear that this Court has expressed no opinion on the merit of the bail application in any manner. The up-to-date Case Diary and the materials thereon be made available to the Court concerned by the Investigating Officer on the date of consideration of the prayer for bail.

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However, the aforesaid liberty of surrender should not be construed as any protection from arrest given to the petitioner.

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With the aforesaid order, this ABLAPL stands disposed of.

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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25^th March, 2020.

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…………………..

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S.Pujahari, J.

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RKS/SKB

Madhabilata Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Madhabilata Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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