Disposed

Dr.Rabi Narayan Satapathy v. State of Odisha

Orissa HC20 Dec 2023ABLAPL/10531/2023

Case brief

AI extract

What is this about?

The Single Judge, while declining to grant anticipatory bail, granted liberty to the petitioner to surrender within two weeks to move for bail in an FIR involving alleged rape and forcible ravishment. Conditions included non-contact with the victim.

What did the court decide?

Liberty to surrender within two weeks to move for bail; condition to not contact or threaten the victim.

Dr.Rabi Narayan Satapathy Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.10531 of 2023

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Dr. Rabi Narayan Satapathy

Petitioner

Mr. D. Panda,

Advocate

-versus-

State of Odisha …. Opposite Party
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
20.12.2023.
Order No.
1. This matter is taken up through hybrid mode.
2. Mr. C.R. Sahu enters appearance for the Opposite Party No.2
by filing Vakalatnama in the case in Court today. The same be
kept on record.

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Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

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The Petitioner is apprehending arrest in connection with Cuttack Mahila P.S. Case No.104/2023 corresponding to G.R. Case No.488/2023 pending in the court of learned S.D.J.M.,

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Cuttack for the alleged commission of the offence under Sections 376(2)(n)/323/324/506/34 of I.P.C.

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It is alleged that the Petitioner being a doctor is the owner of a clinic in which the Opposite Party No.2-victim was working as a Receptionist. It is further alleged that the Petitioner forcibly ravished her on several occasions causing her to become pregnant which he managed to get aborted. Several other allegations have been made in the F.I.R. such as a threat of making intimate videos of the victim viral by the Petitioner and non-payment of salary etc.

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Mr. D. Panda, learned counsel for the Petitioner, has argued that the allegations of forcible rape are entirely baseless and in any case false to the extent that for considerable period the victim was employed elsewhere.

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Mr. C.R. Sahu, learned counsel for the informant, argues that the victim is a helpless lady and taking advantage of her poverty, the Petitioner being in a position to dominate her will, committed several acts, as described in the F.I.R. in detail.

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Learned State counsel has produced the statement of the victim recorded under Section 164 Cr.P.C. and has further pointed out from the case diary that the victim was employed in a School as a Public Relation Officer from 02.12.2016 to 1.12.2019 which is a part of the period during which the incident in question is alleged to have occurred.

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After hearing learned counsel for the parties and on going through the case dairy and in particular the statement of the victim recorded under Section 164 of Cr.P.C., I am of the view that the veracity of the allegations made in the F.I.R. can only be determined during full-fledged trial. There is some material to show that the relationship between the Petitioner and the victim was consensual in nature at least to begin with, which became later sour later.

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Having regard to all the above facts and the materials on record while not being inclined to grant anticipatory bail to the Petitioner, the ABLAPL is disposed of granting liberty to the Petitioner to surrender before the Court below within two weeks from the date of receipt of certified copy of this order and to move for bail. In such event, he shall be released on bail on such terms and conditions as may be deemed fit and proper by the said Court including the conditions that he shall not make any contact with the victim either telephonically or physically and he shall not threaten, pressurize or coerce the victim in any manner whatsoever.

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

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(Sashikanta Mishra) AKB Judge

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Signature Not Verified

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Digitally Signed Signed by: ASHOK KUMAR BEHERA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: High Court Orissa, Cuttack Date: 21-Dec-2023 18:27:45

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Dr.Rabi Narayan Satapathy v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dr.Rabi Narayan Satapathy v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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