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Judgment
Savitri Ratho, J
This application under Section 439 of Cr.P.C. has been filed in connection with Badambadi P.S. Case No. 397 of 2023 corresponding to G.R. Case No. 869 of 2023 pending in the court of the learned J.M.F.C. (City), Cuttack where chargesheet dated 27.12.2023 has been filed under Sections 376(2)(n), 294, 323 and 506 of IPC.
Mr. Manoj Bihari Das, learned counsel for the petitioner submits that the petitioner is in custody since 01.11.2023. He further submits that the petitioner and the victim were in a live in relationship because the victim was earlier married and her marriage has not yet been dissolved. Due to some misunderstanding between them, she has left his house and lodged the F.I.R. against him. But now finding a difficult to survive on her own, she wants to come back to the petitioner.
Mr. K.C. Nayak, learned counsel submits that he has filed Vakalatnama on behalf of the informant and states that she has no objection if the petitioner is released on bail. He is directed to file an affidavit to that effect. The victim is present in Court and makes the same statement.
Copy of the affidavit shall be served on Mr. D.K. Mishra, learned Additional Government Advocate in order to enable him to obtain instructions.
List this matter on 19.02.2024.
If the said affidavit filed by 13.02.2024, the same shall be scanned and incorporated in the digital record.
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