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2008 Supreme(Ori) 725

L.K.MISHRA
LALITA BHARATI – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
Devashis Panda, D.P. Dhal, A.K. Parida, A.K. Budhia and S.R. Pati, for the Appellant; S.K. Nayak, A.S.C., for the Respondent

JUDGMENT :

L.K. Mishra, J. - Both the bail applications arise out of the same case i.e. G.R. Case No. 381 of 2008 pending in the Court of learned J.M.F.C., Chandikhole involving offence under Sections 366-A/376/506/34 of the Indian Penal Code (herein-in-after called the I.P.C) and u/s 4, 5, 6 & 7 of the Immoral Traffic Prevention Act and therefore, both the bail applications are being disposed of by this common order. Heard learned Counsel for both sides on the question of bail.

2. The prosecution case is that the victim (name withheld), who is a minor girl aged about 15 years was approached by Petitioner Tirthabasi Panda on the plea that he had arranged a job for her in a company at a good salary. Later the Petitioner Lalita Bharati and her husband Dina Bharati took the Petitioner to Cuttack, where she was forced to do prostitution and was also raped by Tirthabasi. She has alleged that Tirthabasi used to rape her time and again and other accused persons sent her out side Cuttack for prostitution. One day getting an opportunity, she escaped and went to her relatives' house. Thereafter one of the accused Srikanta called her to Panikoili where the Petitioners tried to kidnapped her aga







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