Sibani Sankar Mohapatra Vs State of Odisha

F.I.R. No.	Dated	Police Station	Case No. and Courts’ Name	Sections
398	17.09.2024	Puri Sadar	T.R. Case No.106 of 2024 corresponding to Special G.R. Case No.89 of 2024 pending in the court of learned Addl. District Judge- cum-Special Court under POCSO Act, Puri.	Section 376(2)(n)/376(3)/114/ 342/294/109/506/323/34 of the IPC read with Section-6 of the POCSO Act, 2012.

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This matter is taken up through hybrid arrangement.

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Heard learned counsel for the Parties.

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The petitioner being in custody in connection with T.R. Case No.106 of 2024 corresponding to Special G.R. Case No.89 of 2024 pending in the court of learned Addl. District Judge-cumSpecial Court under POCSO Act, Puri, registered for the alleged commission of offence under Sections 376(2)(n)/376(3)/114/342/294/109/506/323/34 of the IPC read with Section-6 & 17 of the POCSO Act, 2012, has filed this petition for his release on bail.

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The fact of the prosecution case is that the victim /Informant was suffering from some health issue, so the present petitioner suggested her to before a naturopathy doctor who can help her out. On 07.05.2023, Sibani Sankar Mohapatra forcibly kept physical relationship with the victim/informant at Arnapurna Nagar , near Sal Mandap. Runubala Bhatta and Monalisha Sahoo both are helped in this occurrence and her tuition teacher shoot the videography of the said occurrence, and threatened her by this video while she disclosed about the occurrence to her parents the she viral of this video on social media platform. And also they cheated her parents for her treatment need some gold ornaments, cash and 2 numbers of Mobile, abused her in filthy languages and assaulted the victim/Informant to do away the her life.

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Learned counsel for the Petitioner submits that the Petitioner is an innocent person and has been falsely implicated in this case. He further submits that the Petitioner is in custody since

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19.09.2024. Hence, he submits that the Petitioner may be enlarged on bail.

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Pursuant to the rejection order dated 18.01.2025 passed by learned Court below, learned counsel for the State as well as learned counsel for the Informant/Victim pressing the relevant portion of the statement of the Victim/Informant recorded under section-164 of the Cr.P.C. The said statement is as hereunder:-

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“On 27^th April 2023, a Puja was convened in the rented house of Runu Miss. There in connivance with a Puja, they given me “Bela Pana” to drink by Runu Miss and her colleague Monalisha Sahu and Doctor @ Tantrika Shibani Shankar tied me up in a cot and Runu Miss also tied my hands by her Chuni Thereafter, when I opposed to record the same, Sibani Sankar kept sexual relationship with me with the help of Monalisha Sahu and Runu Miss without my consent and recorded the same through mobile phone by Runu. Thereafter, they taken away my mobile phone and they did not allow me to contact my parents. On the next day, when I felt fever, they kept in custody in a room and threatened me to take away the life of her parents and her brother, if she disclose the matter to any one. Like this, three times they have committed rape by Sibani Shankar Mohapatra with the help of co-accused personsMonalisha, Runu Miss.”.

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Considering the nature and gravity of the accusation, character of evidence appearing against the Petitioner as well as the statement of the victim/Informant recorded under section-164 of the Cr.P.C., the stringent punishment provided and that there are reasonable grounds for believing that the Petitioner is not guilty of the offence alleged or not likely to commit any such offence, which

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is not possible to record in this case, the prayer for bail is devoid of merit. Hence, his prayer for bail stands rejected. However, the learned trial court is directed to expedite the trial and conclude it at the earliest.

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