LAWS(ORI)-2014-11-80

RASHMITA RANA AND ORS. Vs. STATE OF ORISSA

Decided On November 24, 2014
Rashmita Rana And Ors. Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THIS is an application under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Kharavel Nagar, P.S. Case No. 262 of 2014 corresponding to C.T. Case No. 3722 of 2014 pending in the Court of learned SDJM, Bhubaneswar for alleged commission of offences under Sections 323/324/34 of the IPC and Section 23 and 26 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (herein after "J.J. Act, 2000").

(2.) LEARNED counsel for the petitioners Mr. Manoj Bihari Das submitted that the mother of the victim girl, namely, Geetalata Mati is distantly related to the petitioner No. 2 for which the victim girl was left by her mother in the company of the petitioners as she could not properly take care of the victim girl on account of her financial difficulty and accordingly the victim was living with the petitioners. Further he submits that the allegations of torture and cruelty are not correct and it has been presented in an exaggerated manner and the ingredients of offence under Section 26 of J.J. Act, 2000 is not made out.

(3.) LEARNED counsel for the petitioners has submitted that the ingredients of offence under Section 26 of J.J. Act, 2000 is not made out.