Sibananda Behera @ Sibu Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Sibananda Behera @ Sibu Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioner on bail in T.R. Case No. 648 of 2024 (Nachuni P.S. Case No. 375 of 2024) on furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (POCSO), Bhubaneswar, with a condition to attend the PS and report the IO once a fortnight till investigation concludes; the trial-court judge may impose further suitable conditions.

Issue for consideration

Whether the petitioner should be released on bail under Section 483 BNSS in connection with T.R. Case No. 648 of 2024 arising out of Nachuni P.S. Case No. 375 of 2024. +1 more

Court's answer

The petition under Section 483 BNSS stands allowed; the petitioner is directed to go on bail in T.R. Case No. 648 of 2024 arising out of Nachuni P.S. Case No. 375 of 2024 on furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (POCSO), Bhubaneswar, who remains at liberty to impose other suitable conditions.

Ratio / Principle

Though the victim is a minor and her consent is therefore immaterial, the Court, having regard to the circumstances leading to the report, the relationship between the two, and the petitioner's custody from 6 December 2024, was inclined to grant him bail with stringent conditions.

Key takeaways

As a condition of bail, the petitioner shall attend the police station and report the IO once in a fortnight, and shall continue to do so till the investigation is concluded.ratio¶21

Detailed headnote1 paragraphs

Bail under Section 483 BNSS granted — Orissa High Court (R.K. Pattanaik, J.), order dated 11.03.2025 in BLAPL No. 154 of 2025 (Sibananda Behera @ Sibu v. State of Odisha & another), allowed the petition for bail in T.R. Case No. 648 of 2024 arising out of Nachuni P.S. Case No. 375 of 2024, pending before the learned Additional Sessions Judge-cum-Special Judge (POCSO), Bhubaneswar. The informant-mother had reported her minor daughter missing; the victim, then aged about 17 years, had joined the petitioner at his insistence and during the stay there was physical relationship claimed to be against her wish; she was rescued shortly after the FIR while on her way to marry the petitioner at Puri. Holding the victim a minor whose consent was immaterial, and noting the petitioner's custody from 6 December 2024, the Court granted bail with stringent conditions: bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount, attendance at the police station and reporting to the IO once a fortnight till conclusion of investigation, with liberty to the trial-court judge to impose further suitable conditions. Notice on the informant stood unserved despite order dated 29 January 2025; disposal proceeded given the delay.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 154 of 2025

Sibananda Behera @ Sibu …. Petitioner

Mr. M.K. Chand, Advocate

-Versus-

State of Odisha & another

…. Opposite Parties

Mr. P.K. Ray, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

11.03.2025

Order No.

Heard Mr. Chand, learned counsel for the petitioner and Mr. Ray, learned AGA for the State.

No instruction is received with regard to service of the notice on the informant. However, considering the delay in service of such notice despite order dated 29^th January, 2025, the Court is inclined to dispose of the petition with the following order.

Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with T.R. Case No. 648 of 2024 (arising out of Nachuni P.S. Case No. 375 of 2024) pending in the file of learned Additional Sessions Judge-cum-Special Judge (POCSO), Bhubaneswar, on the grounds stated.

A report was lodged by the informant’s mother, after the minor victim daughter was found missing. Mr. Chand, learned counsel for the petitioner submits that this is a case of elopement. The statement of the victim recorded under Section 180 BNSS is produced in Court and the same is also gone through. The Court

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finds that the victim, who, by then, was aged about 17 years, had joined the petitioner, who insisted upon for the same and during such stay, there was physical relationship, which is claimed to be against her wish. Shortly after the FIR was lodged, the victim was rescued. The victim was found at Puri at the time when she was on her way to marry the petitioner. Considering the same and the circumstances leading to lodging of the report and relationship between the two, though, the victim, a minor and her consent to be immaterial, the Court, having regard to the same and custody of the petitioner from 6^th December, 2024, is inclined to grant him bail with stringent conditions. Accordingly, it is ordered.

In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to go on bail in connection with T.R. Case No. 648 of 2024 arising out of Nachuni P.S. Case No. 375 of 2024 subject to him furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (POCSO), Bhubaneswar, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall attend the PS and report the IO once in a fortnight and shall continue to do so, till investigation is concluded.

Issue urgent certified copy as per rules.

(R.K. Pattanaik) Signature Not Verified Digitally Signed Judge Signed by: GAYADHAR SAMALGDS Designation: JOINT REGISTRAR-CUM-PRINCIPAL SECRETARY Reason: Authentication Location: OHC, CUTTACK Date: 13-Mar-2025 12:01:45

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