Allowed

Purna @ Purna Chandra Sabar v. State of Odisha

Orissa HC14 Dec 2023BLAPL/10339/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the bail application of the petitioner charged with kidnapping and sexual assault under the POCSO Act. The court granted bail despite the victim being a minor and the serious nature of the charges, considering the petitioner's claim of marriage.

What did the court decide?

The petitioner was ordered to be released on bail by the lower court on such terms and conditions as deemed fit and proper.

Purna @ Purna Chandra Sabar Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10339 of 2023

¶2

Purna @ Purna Chandra Sabar

¶3

Petitioner

¶4

Mr.S.K.Dwibedi, Advocate

¶5

vs.

¶6

State of Odisha

¶7

... Opposite Party Mr.B.K.Ragada, AGA

¶8

CORAM:

¶9

JUSTICE SAVITRI RATHO

ORDER

14.12.2023

Order No.

(Through hybrid mode)

¶15

This application under Section 439 of Cr.P.C. has been filed in connection with Bhawanipatna Sadar P.S. Case No.25 of 2023 corresponding to C.T. Case No.36/69 of 2023, pending in the file of the learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna where charge sheet dated 27.09.2023 has been filed against the petitioner for commission of offences punishable under Sections 363, 366, 376 (2) (n) of the IPC read with Section 6 of the POCSO Act.

¶16

Considering the statement of the victim, this Court had felt it necessary to hear the informant.

¶17

Mr.B.K.Ragada, learned Addl. Government Advocate submits that notice has been served on the informant and he has sent a letter. He produces the letter dated 07.12.2023 of the informant-Jalandhar Sabar addressed to the Advocate General Office, Odisha wherein he has stated that on account of his ill-health, he is unable to appear in person in Court or through virtual mode from the Police Station for which he begs apology and has stated that he will accept any decision of this Court. The said letter is taken on record.

¶18

Page 1 of 3

¶19

As notice is sufficient on the informant, the case is taken up.

¶20

The prayer for bail of the petitioner had been rejected by order dated 28.08.2023 passed by the learned Addl. Sessions Judge-cumSpecial Judge under POCSO Act, Bhawanipatna.

¶21

The prosecution case in brief is that on 12.01.2023 at about 6.00 a.m. the victim had fled from her house by taking Rs.16,000/- and a cycle without informing anyone. Her parents searched for her but failed to find her, for which the matter was reported at the Police Station and the F.I.R. had been registered under Section 363 IPC against the unknown persons.

¶22

Investigation revealed that the victim was aged about 17 years and passed matriculation from the local High School and once earlier she had been kidnapped by the petitioner on 29.12.2022 and was rescued on 02.01.2023. A case had been registered vide Bhawanipatna P.S. Case No.02 of 2023 and charge sheet dated 22.04.2023 had been submitted against the petitioner and his mother. On 12.01.2023 the victim was again found to be missing from her house and it was ascertained that she had been kidnapped by the petitioner and both of them had gone to Bangalore where they led a conjugal life as husband and wife and came back to their village. The victim was rescued on 14.08.2023 from the house of the present petitioner. In her statement recorded under Section 164 Cr.P.C. the victim has stated that she had left voluntarily with the petitioner and she has also stated that she was four months pregnant.

¶23

Mr. S.K.Dwibedi, learned counsel for the petitioner submits that the victim was aged about 17 years and as the petitioner and victim had married each other and the petitioner wants to take care of the victim who is staying in a short stay home, he may be released on bail.

¶24

Page 2 of 3

¶25

Mr. B.K.Ragada, learned Addl. Government Advocate opposes the prayer for bail stating that the victim is a minor and she cannot be allowed to go with the petitioner even though he claims to have married her.

¶26

Considering the nature of allegations against the petitioner, statement of the victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C., I am inclined to allow the prayer for bail.

¶27

The petitioner – Purna @ Purna Chandra Sabar shall be released on bail by the learned Court below in seisin over the matter on such terms and conditions as it may deem fit and proper.

¶28

The BLAPL is disposed of.

¶29

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

¶30

………………………...
(SAVITRI RATHO)
JUDGE

¶31

Bichi

¶32

Signature Not Verified

¶33

Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 16-Dec-2023 07:35:50

¶34

Page 3 of 3

Purna @ Purna Chandra Sabar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Purna @ Purna Chandra Sabar 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

Similar cases

Bikash Agrawal Vs State of Odisha

Bibhuti Jena Vs State of Odisha

Srinibas Nanda Vs State of Odisha

Sk.Sahid @ Sohid Vs State of Odisha

Pradip Bag Vs State of Odisha

Sanjutan @ Sanju Majhi Vs State of Odisha