BENUDHAR PATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application under Sec. 439 of Cr.P.C. for grant of bail to the petitioner in connection with Narla P.S. Case No.93/2023 corresponding to C.T. Case No. 40/2023 pending in the Court of the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna at Kalahandi under Ss. 363, 376(2)(n), 376(2) (I), 506 of IPC read with Sec. 6 of the POCSO Act.

(2.) The prayer for bail of the petitioner has been rejected vide order dtd. 19/8/2023 passed by the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna at Kalahandi in C.T. Case No. 40/2023.

(3.) The prosecution case in brief against the petitioner is that daughter of the informant had been kidnapped by the petitioner on 28/3/2023. The informant had been to Bhawanipatna and on the return when she found that her daughter was missing she searched for her along with other villagers and found her at village Pipalpadar and brought her back to her house. Her daughter who was deaf and dumb disclosed to the informant that the petitioner had kidnapped and committed rape on her twice and also threatened to kill her. It appears that when the bail application was being heard by the learned court below, the victim and her mother-informant were present after receiving notice from the learned Special P.P. and the victim expressed in sign language that the accused should not be released on bail as he would harass her if he was granted bail.