JUDGMENT : S.K. Mishra, J. - The petitioners are apprehending arrest for the alleged commission of offence under Sections 376(2)(n), 294, 420 and 506/34 of the IPC in C.T. Case No. 2376/2015 of the Court of learned S.D.J.M., Balasore, arising out of Industrial Area PS. Case No. 212/2015. 2. It is apparent from the records that the informant/victim was working in a unit of Latex Packing (P) Ltd. While she was working, on a particular day, in the absence of the children of the informant, the petitioner No. 1-Harendra Mohapatra committed rape upon her and assured that he will accept her as his second wife. On an occasion, the petitioner No. 1 took the informant/victim to Puri, where he gave some intoxicants to the victim and committed sexual intercourse her in a lodge and also took her nude photographs. Later on, he also took about Rs. 15,000/- from her and when she demanded the repayment, petitioner No. 1 threatened the informant that he will upload the nude photographs of the victim in the internet. 3. When the informant made a complaint before the Dhirendra Mahapatra @ Dherendra Kumar Mohapatra, who is the president of the peace committee of the village, the abused her. 4. It is apparent from the records that an offence under Section 376(2)(n) of the IPC is clearly made out against the present petitioner No. 1. Keeping in view the heinous nature of the crime, maximum sentence prescribed for the offence alleged and the greater and larger interest of the State and society, this Court is not inclined to grant anticipatory bail to petitioner No. 1. Hence, anticipatory bail application of petitioner No. 1 is dismissed. 5. However, as far as the petitioner No. 2-Dhirendra Mahapatra @ Dherendra Kumar Mohapatra is concerned, there is no allegation that he committed her rape or he aided, abetted or conspired with the petitioner No. 1 for commission of rape upon the informant. At best, an offence under Section 294, IPC is made out against him as there is specific allegation that the abused the complaint. The offence under Section 294, IPC is bailable in nature. Keeping in view the aforesaid facts and the fact that he is an elderly person and permanent resident of Somanathpur, P.S. Industrial Area, Dist. Balasore, hence there is no chance of his absconding from justice, anticipatory bail application of petitioner No. 2 is allowed.
The offence under Section 294, IPC is bailable in nature. Keeping in view the aforesaid facts and the fact that he is an elderly person and permanent resident of Somanathpur, P.S. Industrial Area, Dist. Balasore, hence there is no chance of his absconding from justice, anticipatory bail application of petitioner No. 2 is allowed. In the event of his arrest in the aforesaid case, the petitioner No. 2-Dhirendra Mahapatra @ Dherendra Kumar Mohapatra shall be released on bail on such terms and conditions as deemed just and proper by the arresting officer. 6. Interim protection granted to the petitioner No. 1 stands vacated. 7. Urgent certified copy of this order be granted as per rules. Final Result : Allowed