Ratan Kata Vs State of Odisha

Instant petition is filed for release of the petitioner on bail in connection with S.A. No.40 of 2024 arising out of Sinapali P.S. Case No.169 of 2022 pending in the file of Additional District-cumSpecial Judge, Nuapada on the grounds stated therein.

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Perused the FIR and the rejection order as at Annexures-1 and 2 respectively.

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Instruction has been received by Mr. Ray, learned AGA for the State that the family of the victim has left the village and shifted somewhere else, hence, notice could not be served on them. In such view of the matter and considering the nature of allegations as made to reveal from the FIR and submission of learned counsel for the petitioner, without further delay, the Court is inclined to dispose of the petition by the following order.

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The true copies of the statements of the witnesses including informant under Section 161 Cr.P.C. are made available to the Court

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and the same are perused. On a reading of the statements of the witnesses recorded during investigation, the Court finds it to be a case of elopement. The same is revealed from the FIR as well. In fact, upon the disappearance of the victim, the informant lodged the report i.e. Annexure-1. The victim’s statement reveals that she stayed with the petitioner for about four months and thereafter, disturbance started, when she was ill-treated. In fact, the Court finds that the victim had been to Raipur with the petitioner upon a promise of marriage. The victim hence said to have eloped with the petitioner, however, such marriage did not materialize. It is informed to the Court that the victim has returned back from Raipur. Though, there has been allegation of ill-treatment meted out to the victim, while she was staying with the petitioner but both stayed together for quit some time at Raipur but when, the marriage between the two did not happen, after such disturbance, the report was ultimately lodged. Considering the above facts and submissions of learned counsel for respective parties and as in the meantime, the chargesheet is filed upon closure of investigation in the month of July, 2024, the Court is inclined to direct release of the petitioner on bail with stringent conditions.

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6. Accordingly, it is ordered.

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In the result, the petition stands allowed. As a necessary corollary, the petitioner is directed to be released on bail in connection with S.A. No.40 of 2024 arising out of Sinapali P.S. Case No.169 of 2022 subject to him furnishing a bail bond of Rs.40,000/(rupees forty thousand) with one solvent surety for the like amount each to the satisfaction of the learned Additional District-cum-Special Judge, Nuapada, who shall impose such other conditions as deemed

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just and proper in the facts and circumstances of the case besides the following, such as, he shall not cause any harm to the victim in any manner, whatsoever, after being released.

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