Bantu Kalia Vs State of Odisha

The petitioner is an accused in connection with Kantamal P.S. Case No. 135 of 2019 corresponding to C.T. (Spl.) POCSO Case No.17 of 2019 registered on the allegation of the alleged commission of offence punishable under Sections 376(2)(n)/313/294/323/ 506/34 of IPC, pending in the Court of the learned Special Judge, Boudh.

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Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

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The prosecution case as per the FIR is that on 05.08.2019 at about 5.30 P.M. the informant presented a written report at the P.S. alleging therein that, since one year she had been in love relationship with the present petitioner. After two months while she was coming to her house on the way the petitioner dragged her to the village jungle and forcibly committed sexual assault against her will. Due to fear, she has not disclosed about the incident before anybody including her family members. Thereafter the petitioner repeated sexual assault with her in absence of the family members at her house. It is alleged that for about 5 months, the petitioner kidnapped her from her house with a promise to marry her and went away to Bargarh and kept physical relationship with her but did not marry her. After two days the petitioner brought her to his house where the family members of the petitioner accepted him and abused the informant in obscene languages and stated that, you spoiled the life of our son and threatened to do away her life. After two hours the petitioner brought the informant to his house and she stayed for five months in the house of the petitioner, where she became pregnant. It is also alleged that the petitioner along with his family members forcibly tried to abort her pregnancy and finally succeeded to abort her pregnancy at the hospital. From that date neither the petitioner nor his family members gave her food. Lastly on 03.08.2019 at the midnight the family members of the

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petitioner drove away her from their house. Hence the case.

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Pursuant to the orders dated 27.04.2026 and 07.05.2026, the victim/informant has filed an affidavit, inter alia, stating as under:-

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“3. That, due to ill feeling between us I have lodged a complaint against the petitioner and others.

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4. That, now the matter has been amicably settled between us and our families.

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5. That, I am ready and willing to marry the petitioner and to live like wife and husband and to maintain a happy conjugal/marital life.

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6. That, as the matter has been settled between us I do not want to oppose the prayer for bail of the petitioner and also not want to proceed with the case.

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7. That, without any threat, coercion, compulsion I am swearing this affidavit and I have no objection if the petitioner be released on bail.”

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Learned counsel for the petitioner relying upon the agreement purported to have been entered between the parents of the petitioner as well as the victim submits that in the village meeting also a decision has been taken that the petitioner will marry the victim.

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Ms. Mishra, learned counsel appearing for the victim girl submits that the victim is now 24 years of age and since the parties have already agreed to marry and the parents have also agreed for the said proposal, she has

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no objection if the petitioner is granted anticipatory bail.

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Learned counsel for the State opposed the prayer for anticipatory bail.

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Regard being had to the nature of allegation and the settlement arrived at between the parties that the petitioner will marry the victim, I am inclined to grant the petitioner anticipatory bail. Accordingly, it is directed that in the event the Petitioner is arrested, he shall be released on bail by the Arresting Officer, subject to verification of criminal antecedent of similar nature. The release of the Petitioner shall also be subject to the condition that he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required by the I.O. for the purpose of investigation; he shall not indulge in similar criminal offences while on bail; he shall not threaten/harass/terrorize the informant in any manner whatsoever while on bail; and he shall appear before the trial court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail.

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The ABLAPL is accordingly disposed of.

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Signature Not Verified Judge

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AshoK Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Reason: Authentication Location: High Court of Orissa Date: 14-May-2026 19:40:25

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Bantu Kalia v. State of Odisha

Case brief

What is this about?

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Bantu Kalia v. State of Odisha

Case brief

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