Jiban @ Jeeban Kendruka Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the case diary as well as materials placed before this Court.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.1383 of 2022, arising out of Narayanpatna P.S. Case No.113 of 2022, pending in the Court of learned Addl. Sessions Judge-cumSpecial Judge (POCSO), Jeypore, Koraput in T.R. Case No.11 of 2023 for alleged commission of offence punishable under Sections 363, 366, 376, 376(3), 376 (2)(n) of IPC read with Section 4/6 of the POCSO Act. 4. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 27.12.2022. He further contended that in the meantime the investigation has been concluded and the charge sheet has been filed. It was contended that the trial has commenced in the meantime. Learned counsel for the Petitioner further contended that the

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F.I.R. was lodged by the father of the Informant. On 11.01.2024 the deposition of the victim has been recorded by the learned Court in seisin over the matter in T.R. Case No.11 of 2023. A certified copy of the deposition of the victim was produced before this Court and a copy of the deposition was also supplied to the learned Additional Standing Counsel.

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Further referring to the deposition of the victim, learned counsel for the Petitioner submitted that the victim in her deposition has admitted that she has married the present Petitioner and they are staying together as husband and wife. However, her parents were reluctant to give their daughter to marriage with the present Petitioner. As a result of which, they have lodged the case against the present Petitioner. During the cross-examination of the victim, she has also stated that it is a fact that the accused had no fault in her leaving her parental house from Nellore to Dumsil and, that the present Petitioner has not misbehaved with her during their stay together. She has also stated that she has married the present Petitioner without any pressure from anybody and that she had gone without any coercion by the present Petitioner. By referring to the deposition of the victim recorded by learned Trial Court, learned counsel for the Petitioner submitted that no case under Section 376 IPC is made against the present petitioner. Further it was submitted that the petitioner is a local resident and he does not have any criminal antecedents. In such view of the matter learned counsel for the Petitioner contended the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

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Learned Additional Standing Counsel on the other hand contended that the victim was minor at the time of occurrence. Therefore, the consent if any given by the victim is not valid in law. Further, it was contended that the case under Section 376 IPC is indeed

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made out against the present petitioner. Learned counsel for the State contended that in the event the Petitioner is released on bail there is a possibility that he might abscond which would eventually cause delay in conclusion of the trial which is progressing at the moment. Therefore, on such ground, the bail application of Petitioner be rejected at this juncture.

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On a careful examination of the certified copy of the deposition produced before this Court by learned counsel for the Petitioner, this Court observes that the victim and the present petitioner were in a love relationship and staying together as husband and wife, also they had both eloped on their own volition. Further taking into consideration the statement of the victim that the Petitioner has never misbehaved with her and that the Petitioner has no fault in the victim leaving her parental house. Moreover, she has also admitted the fact that she has married the present petitioner. However, the same is void in view of the fact the victim was a minor at the relevant point of time. Taking into consideration the facts and circumstances of the present case, and the fact that the Petitioner did not ill-treat the victim, and the victim was not forced to go with the present Petitioner, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions:

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I) he shall appear before the Trial Court on each and every date fixed without fail;

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II) shall not have any relationship with the victim until she

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Anil

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attains the age of majority.

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