Allowed

Maguni Behera v. State of Odisha

Orissa HC30 Nov 2021ABLAPL/10729/2021

Case brief

AI extract

What is this about?

The Court granted pre-arrest bail to petitioners facing allegations of offences under IPC and POSCO Act. Relying on the victim's statement recorded under Section 164 Cr.P.C. which did not implicate the petitioners and findings that their release would not hinder investigation, the Court directed police to bail them upon arrest subject to cooperation terms.

What did the court decide?

Directions to the Officer effecting arrest to release the Petitioners on bail on such terms and conditions as deemed just and proper if arrested.

Maguni Behera Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.10729 of 2021

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Maguni Behera & others

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…. Petitioners

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: THE JUSTICE S.PUJAHARI

Order No.

ORDER 30.11.2021

This matter is taken up through Hybrid mode.

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The Petitioners apprehending their arrest in Tangi P.S.

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Case No.205 of 2021 registered for alleged commission of offence punishable under Sections 363/294/506/34 IPC and later turned to POSCO Act have filed this petition for their release on pre-arrest bail.

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

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The allegation of the prosecution is that the victim who

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was below 15 years eloped with Ramesh Behera and they

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married in a temple and stayed at Puri in a rented accommodation as husband and wife. However, the girl has

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Page 1 of 3

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been rescued. The FIR has been lodged at the instance of the mother of the victim. But in the statement of the victim recorded under Section 164 Cr.P.C. she has made no whisper about the involvement of the present petitioners even though in her statement she has stated that she eloped with Ramesh Behera and stayed at Puri in a rented accommodation as husband wife. Ramesh Behera is in custody. No material is produced to show that the release of the petitioners shall have an adverse impact on a free and fair investigation.

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Considering the facts and the submissions made, especially the statement of the victim recorded under Section 164 Cr.P.C as placed by the learned counsel for the State wherein no whisper has been made against the present petitioners in any manner, circumstances in which the offences

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stated to have been committed and also it being not disputed that the Petitioners’ release on pre-arrest bail shall not be an hindrance to a free and fair investigation, this Court is of the view that the Petitioners have made out a case for their release on pre-arrest bail, more particularly when they are ready and willing to cooperate with the investigation and they have no

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// 3 //

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chance of absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail.

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Hence, this Court directs that in the event of arrest of

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the Petitioners in connection with the aforesaid case, they be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.

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However, the aforesaid order is subject to the condition

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that the Petitioners shall cooperate with the investigation and no other graver offence is reported against the Petitioners besides

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the aforesaid offences.

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The ABLAPL is, accordingly, disposed of being allowed.

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Urgent certified copy of the order be granted on proper application.

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(S. Pujahari) Judge

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PKS

Maguni Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Maguni Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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