Debraj Majhi Vs State Of Orissa

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Kotagarh P.S. case No. 159 of 2023 corresponding to C.T. Case No. 153 of 2023 pending in the Court of the learned J.M.F.C., Kotagarh which has been registered under Section 417,376(2)(n),506 of the IPC.

The prayer for bail of the petitioner has been rejected by order dated 23.12.2023 by the learned Addl. Sessions Judge, Balliguda, in BLAPL No. 105 of 2023.

Mr. M. Das, learned counsel for the petitioner submits that the petitioner is in custody since 27.11.2023 and from the nature of allegations in the FIR it would be apparent that the petitioner and the victim-informant, who is a married lady with three children were in a consensual relationship and the informant had also voluntarily left her matrimonial home and accompanied the petitioner and stayed with him in various places. Ultimately, when he refused to marry her, she has lodged the FIR. So, even accepting the allegations on record to be true and offence under Section 376(2)(n) will not be made out against him.

Ms. S. Mishra, learned Additional Standing Counsel referring to the statement of the victim recorded under Section 161 of the Cr.P.C. submits that the petitioner had called the victim to the jungle and had physical relationship with her in the jungle against her wishes. In the same evening, he took her in a tractor to Kotagarh and then to Muniguda, where they stayed in a lodge and there also he kept physical relation with her against her wishes. Thereafter, he took her to Andhra Pradesh by train and left her in a prawn farm and went away. When her husband started looking for her, the petitioner brought her to Muniguda and left her there. Giving a false promise of marriage, he has cheated the informant who is a married lady and spoilt her marital life, for which his prayer for bail should be rejected.

Considering the nature of allegations against the petitioner and the age of the victim lady, I am inclined to allow the prayer for bail. The petitioner Debraj Majhi shall be released on bail on such terms and conditions as shall be deemed fit and proper by the learned Court below in seisin over the matter.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

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