Allowed

Jahan Beshra v. State of Odisha

Orissa HC20 Nov 2024BLAPL/4432/2024

Case brief

AI extract

What is this about?

Regular bail under Section 439 Cr.P.C. in a POCSO and IPC case arising from a marriage relationship. Considering the victim's Section 164 statement that she stayed voluntarily with the petitioner, over seven months' custody and completed investigation, bail was allowed with stringent conditions protecting the victim and witnesses.

What did the court decide?

Bail granted on furnishing bond of Rs.50,000 with two solvent sureties, with conditions including personal attendance at trial and no intimidation of witnesses or victim.

Jahan Beshra Vs State of Odisha — Dowry and Cruelty | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL NO.4432 OF 2024

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Jahan Beshra

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Petitioner

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Represented By Adv. -Mr.Satya Narayan Mishra-4.

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-versus-

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State of Odisha …. Opposite Party Represented By Adv. -Ms. Babita Kumari Sahu, AGA.

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CORAM:

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HON’BLE MR. JUSTICE A.C. BEHERA ORDER

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Order No.

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20.11.2024

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1. This matter is taken up through hybrid arrangement (Virtual/ Physical) mode.

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This bail application under section 439 of Cr.P.C, 1973 of the Petitioner arising out of C.T. Case No.37 of 2024 in connection with Jaipatna P.S. Case No.119 of 2024 is taken up for consideration pending in the Court of learned Additional Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna.

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Heard learned Counsel for the Petitioner and learned Additional Government Advocate for the State, as the victim/ Informant did not choose to participate in the hearing of the bail application inspite of service of notice.

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The Petitioner has been charge-sheeted on 10.06.2024 under Section-363/366/376(2)(n)/294/506 read with 34 of I.P.C. and Section-6 of the POCSO Act on the allegations alleged against him by the Informant that on dated 09.03.2023, the victim had married to the Petitioner and after their marriage, the victim and the Petitioner stayed at Bangalore; wherein the Petitioner and the victim both were working and accordingly

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Page 1 of 4

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they both stayed there at Bangalore for eight months continuously. But during the time of staying of the Petitioner and victim at Bangalore, at times, the Petitioner was assaulting the victim.

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During such period, the victim had conceived through the Petitioner, but her pregnancy was terminated.

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In the month of December, 2023, the Petitioner and the victim came to the house of the Petitioner and stayed there for two months; wherein, the Petitioner quarrelled with the victim and demanded dowry from victim.

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When the father of the victim expired, then the victim went to her parent’s house. Thereafter, she (victim) came to know that the Petitioner has gone somewhere and after hearing the same, the victim came from her parent’s house to the house of the Petitioner, but found the Petitioner absent from his house.

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When the victim interested to stay in the house of the Petitioner, but her father-in-law (father of the Petitioner) refused to allow the victim to stay in their house, for which, the victim lodged the F.I.R and basing upon such F.I.R., case was registered and the investigation started.

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During investigation, the Petitioner was arrested on dated 14.04.2024 and since then he (Petitioner) is in custody.

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The learned Counsel for the Petitioner submitted for liberal consideration of bail contending that, as the Petitioner is in custody more than seven (7) months and in the meantime, the investigation of the case has already been completed, as per the statements of the victim recorded under Section-164 of the Cr.P.C., she was staying with the Petitioner at Bangalore

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Page 2 of 4

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voluntarily, for which, he (Petitioner) should be allowed to go on bail, to which, the learned Additional Government Advocate vehemently objected contending that, in this nature of crime, he (Petitioner) should not be allowed to go on bail.

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Taking the statements of the victim recorded under Section-164 of the Cr.P.C. coupled with the period of detention of the Petitioner inside the custody and the completion of investigation, it is felt proper to allow the Petitioner to go on bail with stringent conditions looking to the future safety, security and interest of the victim/Informant, witnesses as well as interest of prosecution.

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Therefore, the bail application filed by the Petitioner is allowed.

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He (Petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with conditions that:-

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(i) he (Petitioner) shall not involve with similar nature of crime in future.

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(ii) he (Petitioner) shall remain present personally on each date of adjournment of the trial Court till its conclusion.

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(iii) he (Petitioner) shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the victim/informant and her family members either directly or indirectly in any manner whatsoever at any stage of the trial of the case, but, in case of his failure to comply any of the aforesaid conditions, the learned trial Court is authorized to cancel his bail order outrightly without seeking any permission for the same from this Court.

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Page 3 of 4

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Accordingly, the bail application of the Petitioner is disposed of finally.

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Grant certified copy of this order to the Petitioner on proper application.

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(A.C. Behera), Judge.

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Narayan

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Signature Not Verified

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Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 21-Nov-2024 10:49:13

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Jahan Beshra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jahan Beshra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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