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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.256 of 2023

Bhima Khora and Another

….

Petitioners

Mr. A. Mishra, Advocate

-Versus-

State of Orissa

….

Opposite Party

Mr. Tapas Kumar Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

Order

No.

ORDER

27.01.2023

01.

1.

Heard learned counsel for the petitioners and learned

counsel for the State opposite party.

2.

Prayer in the present case is for quashing of the order of

cognizance dated 9^th June, 2021 passed T.R. Case No.31 of 2021

corresponding to Kakiriguma P.S. Case No.22 of 2021 pending in

the file of learned Additional Sessions Judge-cum-Special Judge

(POCSCO), Act, Jeypore, Koraput on the grounds stated therein.

3.

A copy of the chargesheet is at Annexure-2.

4.

Mr. Mishra, learned counsel for the petitioners submits that

the petitioners are the parents of the principal accused, who is

charged under Section 376(2) IPC and Section 4 of the POCSO Act.

While not pressing the matter on merit, Mr. Mishra, learned counsel

for the petitioners submits that the petitioners may be directed to

surrender and released on bail on any such terms and conditions as

they had been allowed to go on bail by this Court’s order dated 18^th

July, 2022 in ABLAPL No.6439 of 2021. While claiming so, Mr.

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Mishra, learned counsel for the petitioners produced a copy of the

said order for the Court’s perusal.

5.

Mr. Praharaj, learned counsel for the State objects to the

contention of the petitioners, however, fairly admits that both of

them had been directed to surrender before the learned Sessions

court within a stipulated time and allowed to be released on bail, a

relief which was not availed of.

6.

Mr. Mishra, learned counsel for the petitioners submits that

under the circumstances narrated, the petitioners could not

surrender before the learned Sessions court as was directed by order

dated 18^th July, 2022 in ABLAPL No.6439 of 2021.

7.

Having considered the submissions of learned counsel for

the respective parties, the court is of the view that the petitioners in

the peculiar facts and circumstances of the case should be directed to

surrender and apply for bail and to be released subject to conditions

and accordingly, it is ordered.

8.

In the result, CRLMC stands disposed of with a direction

to the petitioners to surrender before the learned Additional

Sessions Judge-cum-Special Judge, (POCSCO) Act, Jeypore, Koraput

in connection with T.R. Case No.31 of 2021 corresponding to G.R.

Case No.279 of 2021 arising out of Kakiriguma P.S. Case No.22 of

2021 and in the event they surrender on or before 10^th February,

2023, the court below shall release both of them on bail subject to

conditions as would be fixed by the court.

9.

A certified copy of this order be granted as per rules.

(R.K. Pattanaik)

Judge

Tudu