Allowed

Saisaba Bhoi v. State of Odisha

Orissa HC13 Dec 2021CRLA/82/2021

Case brief

AI extract

What is this about?

The High Court of Orissa allowed an appeal against a bail rejection order. Relying on the victim's affidavit and police report showing she was living with the appellant's family after childbirth, the court deemed it a fit case to release the appellant on bail.

What did the court decide?

The appellant Saisaba Bhoi was released on bail on terms and conditions fixed by the Special Judge, with a specific condition to care for the victim and her daughter.

Saisaba Bhoi Vs State of Odisha — Caste Atrocities | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No. 82 of 2021

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Saisaba Bhoi

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…. Appellant

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Mr. Gokulananda Sahu, Advocate

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Versus

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…. State of Orissa & Another Respondents Mr. K.K. Nayak, A.S.C.

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CORAM:

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JUSTICE SAVITRI RATHO

ORDER

Order No.

13.12.2021

I have heard Mr. Gokulananda Sahu, learned counsel for

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the appellant and Mr. K.K. Nayak, learned Addl. Standing Counsel for the State through hybrid mode.

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Notice had been sent to the Respondent No.2 informant

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through registered post and the postal tracking report indicates that the item delivery is confirmed on 03.03.2021. None appears for the respondent No.2.

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This is an appeal under Section 14(A) of S.C. & S.T. (POA) Act, challenging the order dated 09.10.2020 passed by the learned Special Judge, Nuapada in connection with Khariar P.S. Case No.141 of 2019 corresponding to S.A. Case No.08 of 2020

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pending in the Court of learned Addl. District Judge -cum- Special

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Judge, Nuapada for commission of offences punishable under

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Sections 366/366-A/376(2)(n) of the I.P.C. read with Section 6 of the POCSO Act and Section 3(2)(v) of the SC & ST (PA) Act, 2018.

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Perusal of the impugned order dated 09.10.2020 reveals that the victim had stated that she has no objection if the accused was released on bail, but as the victim was a minor and had given birth to a child and the prayer for bail had been earlier been rejected, the learned Court rejected the prayer for bail.

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The prosecution allegations as per the FIR dated 09.06.2019 are that the minor daughter of the informant was missing from their house since 07.06.2019 and she suspected that the appellant who studied in the same College to have kidnapped her. Chargesheet in the case has been submitted against the appellant for commission of offences punishable under Section - 366/366A/376(2)(n) of the I.P.C. read with Section 6 of the POCSO Act and Section 3(2)(v) of the SC & ST (PA) Act, 2018.

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6 Mr. Sahu, learned counsel for the appellant has submitted that that the appellant is in judicial custody since 13.03.2020 and that appellant and the victim were in love and she had voluntarily accompanied the appellant. The victim was pregnant at the time of his arrest and in the meanwhile has delivered a child and the victim and the child are now living in the house of the appellant and the victim has filed an affidavit stating that she is aged 19 years and is

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now living with the parents of the appellant, pursuant to order of the CWC and they are taking care of her and her daughter.

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After perusing the affidavit dated 05.08.2021 of the victim girl, sworn before the Notary Public Nuapada, by order dated 02.11.2021, the learned Additional Standing Counsel had been directed to obtain instructions regarding the well being and whereabouts of the victim and her daughter. Mr. K.K. Nayak, learned Additional Standing Counsel has filed the instructions dated 26.11.2021 of the I.I.C., Khariar Police Station alongwith the order dated 13.11.2020 passed in CWC Case No. 27 of 2020, Form. The same is kept in the record.

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The I.I.C., Khariar Police Station in his instructions dated 26.11.2021 has stated that the victim is presently staying in the house of the appellant alongwith her one year old daughter and she has been staying there as per the enclosing order of CWC Case No.27 of 2020. With his instructions, the IIC has enclosed the order dated 13.112020 of the CWC, Form 20, as well as the written statement of the victim. The documents are kept in the record and should be scanned by the Registry.

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It has been stated in the order dated 13.11.2020 passed in CWC Case No.27 of 2020 that the parents of the appellant appeared before the CWC and expressed their willingness to take the victim

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and the child and extend care and protection to them, after ascertaining the willingness of the victim girl, the CWC has placed the victim and the child in the custody of the parents of the appellant under supervision of DCPU, Nuapada in the best interest of the victim and the child. The Project Director, Nabaprabhat Open Shelter, Khariar has been directed to follow up the child once every month for a period of six months and thereafter, every three months for one year and to submit report. They have also directed the DCPO and the PO (I.C), DCPU, Nuapada to take follow up action ensuring adequate support services to the case child to protect her child rights.

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In the enclosed statement, the victim has stated that she is living happily with the parents of the appellant with her one year old daughter and not facing any difficulty.

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Considering the respective submissions, nature of allegations against the appellant , period of his detention in judicial custody , the statement of the victim recorded under Section 164 Cr.P.C. and the events that have taken place after the birth of the child of the appellant and the victim girl, particularly the fact that victim is now living in the house of the appellant with his parents who are taking care of her , I deem this to be fit case to allow the

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appeal and release the appellant on bail. The impugned order dated 09.10.20220 is set aside.

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Let the appellant - Saisaba Bhoi be released on bail on such terms and conditions as may be deemed fit and proper by the learned Addl. District Judge -cum- Special Judge, Nuapada, including the condition that he will take proper care of the victim and their daughter.

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Sukanta

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The CRLA is accordingly allowed.
13. Urgent certified copy of this order be granted on proper
application.
.........................
(Savitri Ratho)
Judge

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Saisaba Bhoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Saisaba Bhoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

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