Badal Nayak Vs State of Odisha

Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State. Perused the Case Diary as well as the statement of the Victim under Section 164 of Cr.P.C.

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The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Jankia P.S. Case No.10 of 2024, corresponding to G.R. Case No.15 of 2024, pending in the court of learned J.M.F.C. (Cog), Khurda, for alleged commission of offences punishable under Section 363 of I.P.C.

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Page 1 of 3.

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On perusal of the statement of the Victim recorded under Section 164 of Cr.P.C., it appears that the Victim, who has passed 10^th Class Examination, was not permitted to study further and the family members were searching for a groom for her marriage. The Victim was not agreed to the proposal of her marriage. Therefore, she left the home on her own volition and was staying at the residence of one of his friends, namely Liza Nayak. She has further stated in her statement under Section 164 of Cr.P.C. that when the police inquired regarding she has come back to her residence.

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learned counsel for the State referring to the Case Diary, submitted that the police inquired about the present Petitioner and in the process, the friend of the Victim was contacted, who later confirmed the fact that the Victim was staying with her. In the meantime the Victim girl has been rescued and her statement under Section 164 of Cr.P.C. has been recorded. As per the order of the Court in seisin over the matter, the Victim has been handed over to open circle jail, Khordha, for her safe custody and she has been permitted to stayed there.

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Taking into consideration the aforesaid development in the case during the investigation, further keeping in view the offences alleged against the present petitioner and the fact that the Victim refused to be medically examined, further taking into consideration the age of the Petitioner, i.e., 19 years, the petitioner is directed to surrender before the Court in seisin over the matter within a period of four weeks from today and move an application for bail. In such eventuality, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and

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Page 2 of 3.

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S.K. Rout

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conditions as it may deem just and proper in the facts and circumstances of the case, however, it is directed that while settign the conditions for bail, the trial court shall ensure that one of the bailor shall be either the parents of the Petitioner or any of the close relatives. Violation of any of the terms and conditions shall entail cancellation of bail.

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Accordingly, the ABLAPL is disposed of.

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

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( A.K. Mohapatra ) Judge

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Signature Not Verified

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Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 11-Aug-2024 14:35:10 Page 3 of 3.

Badal Nayak v. State of Odisha

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Badal Nayak v. State of Odisha

Case brief

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