Giridhari Pari Vs State of Odisha

Instant petition under Section 483 B.N.S.S. is filed by the petitioner for release of the petitioner on bail in connection with C.T. Case No.332/55 of 2024 arising out of Golamunda P.S. Case No.74 of 2024 pending in the file of learned Additional Sessions Judge-cum-Special Judge under POCSO Act, Bhawanipatna on the grounds stated therein.

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Learned counsel for the petitioner submits that the victim eloped with the petitioner and had been to Hyderabad and thereafter, returned back knowing the report being lodged by the informant, namely, father. It is submitted that it is a case of elopement and the petitioner is a young boy aged about 22 years and since he was in a relationship with the victim, the alleged occurrence has taken place. It is further submitted that the

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investigation is over with the chargesheet is filed in the month of August, 2024. Referring to the victim’s statement recorded under Section 164 Cr.P.C., it is lastly submitted that there has been no sexual mischief alleged against the petitioner, who, therefore, should be allowed to go on bail on any terms and conditions as would be fixed by the Court.

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Mr. Pradhan, learned ASC for the State objects to the release of the petitioner on bail on the ground that the victim to be a minor and that, she was kidnapped by him.

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The copies of the chargesheet, medical examination report of the victim and her statement under Section 164 Cr.P.C. besides the 161 Cr.P.C. statements are made available to the Court by learned counsel for the petitioner and the same are perused.

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As per the version of the victim, he was taken to Hyderabad forcibly and thereafter, returned back. From the statement under Section 161 Cr.P.C. of the victim, it is made to suggest that a relationship was developed between her and the petitioner, while both were working at one place and thereafter, the alleged incident has taken place. Subsequent to the disappearance of the victim, the F.I.R. was lodged by the informant. It appears to be a case of elopement, considering the materials on record and in particular, in view of the statement of the victim under Section 161 Cr.P.C. Admittedly, there is no sexual mischief alleged against the petitioner so made to appear from the victim’s statement under Section 164 Cr.P.C.

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Having regard to the above facts and as the victim has returned and presently, staying with her parents as informed to the

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Court by learned counsel for the petitioner and upon closure of investigation, the chargesheet having been filed in the month of August, 2024, the Court is inclined to direct the release of the petitioner subject to following conditions.

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8. Accordingly, it is ordered.

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In the result, the petition under Section 483 B.N.S.S. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with in connection with C.T. Case No.332/55 of 2024 arising out of Golamunda P.S. Case No.74 of 2024 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge under POCSO Act, Bhawanipatna, who shall be at liberty to impose such other suitable conditions as deemed necessary besides the following, such as, he shall not terrorize the victim or cause any harm to her while on bail and in case, any of the conditions imposed is violated by him, it shall entail cancellation of bail forthwith.

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10. The BLAPL is disposed of.

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Urgent certified copy of this order be granted as per rules.

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(R.K. Pattanaik) Judge

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kabita Signature Not Verified

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Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: OHC,Cuttack Date: 24-Dec-2024 11:47:17

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Giridhari Pari v. State of Odisha

Case brief

What is this about?

What did the court decide?

Giridhari Pari v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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