Allowed

Bapun Mahanta v. State of Odisha

Orissa HC10 Jul 2024BLAPL/720/2024

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner in a case alleging offences under Section 376 IPC and Section 6 POCSO Act. The court considered the marriage between the petitioner and the victim and their mutual consent as relevant factors.

What did the court decide?

Release of petitioner on bail by furnishing a bond of Rs. 30,000 with two local solvent sureties for the like amount.

Bapun Mahanta Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.720 of 2024

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Bapun Mahanta ..... Petitioner

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Represented By Adv. - Partha Sarathi Das

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-versus-

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1) State Of Odisha ..... Opposite Parties

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1. Rali Majhi

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Represented By Adv. – M.R.Mishra, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

10.07.2024

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as learned counsel for the informant and learned Additional Standing Counsel for the State.

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This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Patna P.S. Case No.66 of 2023, corresponding to Special Case No.29 of 2023 pending in the Court of the learned Adhoc Addl. District & Sessions Judge (FTSC), Keonjhar for alleged commission of offence under Section 376(3) of I.P.C., r/w Section-6 of POCSO Act.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in

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Page 1 of 3.

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custody since 19.04.2023. The informant is present through virtual mode. This Court vide order dated 09.05.2024 released the petitioner on interim bail for a period of six weeks. Learned counsel for the petitioner has submitted the surrender certificate in Court today which reveals that the petitioner has been taken into custody after surrendering before the learned Court below on 09.07.2024. It is stated by the learned counsels appearing for the Parties that with consent of the petitioner and victim as well as their respective families, the petitioner has married the victim. The victim who is appearing through virtual mode submitted that she has no objection to the release of the petitioner on bail. She further contended that they have married in the meantime and that she has married the petitioner on her own volition without any influence. In such view of the matter, learned counsel for the Petitioner submitted that 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 opposed the bail application of the Petitioner on the ground that in the event the Petitioner is released on bail, there is a possibility that he might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.

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Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the period of detention, this Court is inclined to release the Petitioner on bail on furnishing a bail

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Page 2 of 3.

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Rubi

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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

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Violation of any of the terms and conditions shall entail cancellation of bail.

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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( A.K. Mohapatra )

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Judge

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Signature Not Verified

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 11-Jul-2024 19:05:05

Bapun Mahanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bapun Mahanta 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

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