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2025 DAILYLAW 7486 (ORI)

SIBANANDA BEHERA @ SIBU v. STATE OF ODISHA

BLAPL/154/2025 · 2025-03-11

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 154 of 2025 Sibananda Behera @ Sibu …. Petitioner Mr. M.K. Chand, Advocate -Versus- State of Odisha & another …. Opposite Parties Mr. P.K. Ray, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 11.03.2025 03. 1. Heard Mr. Chand, learned counsel for the petitioner and Mr. Ray, learned AGA for the State. 2. No instruction is received with regard to service of the notice on the informant. However, considering the delay in service of such notice despite order dated 29th January, 2025, the Court is inclined to dispose of the petition with the following order. 3. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with T.R. Case No. 648 of 2024 (arising out of Nachuni P.S. Case No. 375 of 2024) pending in the file of learned Additional Sessions Judge-cum-Special Judge (POCSO), Bhubaneswar, on the grounds stated. 4. A report was lodged by the informant’s mother, after the minor victim daughter was found missing. Mr. Chand, learned counsel for the petitioner submits that this is a case of elopement. The statement of the victim recorded under Section 180 BNSS is produced in Court and the same is also gone through. The Court finds that the victim, who, by then, was aged about 17 years, had joined the petitioner, who insisted upon for the same and during such stay, there was physical relationship, which is claimed to be against her wish. Shortly after the FIR was lodged, the victim was rescued. The victim was found at Puri at the time when she was on her way to marry the petitioner. Considering the same and the circumstances leading to lodging of the report and relationship between the two, though, the victim, a minor and her consent to be immaterial, the Court, having regard to the same and custody of the petitioner from 6th December, 2024, is inclined to grant him bail with stringent conditions. Accordingly, it is ordered. 5. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to go on bail in connection with T.R. Case No. 648 of 2024 arising out of Nachuni P.S. Case No. 375 of 2024 subject to him furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (POCSO), Bhubaneswar, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall attend the PS and report the IO once in a fortnight and shall continue to do so, till investigation is concluded. 6. The BLAPL is disposed of. 7. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge GDS Designation: JOINT REGISTRAR-CUM-PRINCIPAL SECRETARY