Advocates:
['M/S DHANANJAYA MUND', '', 'P K BEHERA', 'S N PADHEE', 'R K ACHARYA']

BLAPL No. 164 of 2016

4.4.2016

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner i

n connection with Jaipatna P.S. Case No. 70 of 2015 corresponding to C.T. Case No. 114 of 2015

pending in the court of learned Sessions-cum-Special Judge, Kalahandi for the offences punish

able under Sections 363/366/376 (1)/ 34 of Indian Penal Code read with section 6 of Protection

of Children from Sexual Offences Act, 2012.

The petitioner moved an application for bail before the learned Sessions Judge-Cum-Speci

al Judge, Kalahandi, Bhawanipatna which was rejected on 22.12.2015.

Learned counsel for the petitioner submits that the petitioner is in custody since 14

.4.2015 and he has been charge sheeted under sections 363/366/376(1)/34 of Indian Penal Code r

ead with section 6 of Protection of Children from Sexual Offences Act, 2012. It is the content

ion of the learned counsel for the petitioner that the victim is a consenting party and as per

the ossification test report her age is 17 to 18 years and the medical examination report doe

s no