Disposed

Biju Luhar v. State of Odisha

Orissa HC2 May 2024BLAPL/327/2024

Case brief

AI extract

What is this about?

The High Court, hearing an objection to the petitioner's bail in a sexual offence case, noted the victim and informant contested the earlier 164 Cr.P.C. statement. The court granted liberty to re-examine the victim and informant within June 2024 before deciding the bail application on merits.

What did the court decide?

Liberty granted to file a fresh bail application after the victim and informant are examined by the trial court by June 2024.

Biju Luhar Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.327 of 2024

Biju Luhar

.....

Petitioner

Represented By Adv. - Surya Narayan Mishra

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. –

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Mr.A.P.Das, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

02.05.2024

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as the leaned Additional Standing Counsel. Pursuant to the notice issued by this Court, the informant along with victim are present before this Court through virtual mode.

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Heard the informant as well as the victim. The informant and the victim both objected to the release of the Petitioner on bail. On the basis of 164 Cr.P.C. statement the victim was confronted. She has stated before the magistrate that she has gone with the Petitioner on her own volition and that the victim has not been sexually harassed by the Petitioner. In the statement before this Court, while objecting to the release of the Petitioner on bail, she disputed the statement recorded under section 164 Cr.P.C.

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In such view of the mater, this Court disposes of the bail

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Page 1 of 2.

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application by granting liberty to the Petitioner to file a fresh application for examination of the victim and the informant in this case. Further, the Trial Court shall take steps for examination of the victim and the informant as expeditiously as possible preferably by the end of June, 2024. After examination of the victim and the informant liberty is given to the Petitioner to file a fresh application for bail and in such eventuality the trial court shall consider the bail application on its own merit.

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( A.K. Mohapatra, ) Judge

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RKS

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Signature Not Verified

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Page 2 of 2. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 06-May-2024 16:48:58

Biju Luhar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biju Luhar v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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