Dev @ Deb Kumar Kaushalya vs State Of Odisha

S.S. Mishra, J

The petitioner is an accused in connection with Ambadola P.S. Case No.200 of 2023 corresponding to T.R. Case No.35 of 2023 for the offences under Sections 498-A/313/323/307/506/34 of the IPC, which subsequently turned to Sections 498-A/313/307/506/34/376-AB of the IPC read with Sections 4(2) & 6 of the POCSO Act pending in the Court of learned Additional Sessions Judge –cum-Special Court under POCSO Act, Rayagada.

The allegation as per the F.I.R. is that while the informant-victim was prosecuting her study, the petitioner proposed the victim. But the victim did not show interest to keep any relationship with the petitioner. On 13.07.2015, while the informant was going to school, the petitioner forcibly taken her in a vehicle to a jungle and forcibly committed sexual intercourse. Then the petitioner left the victim near the village school. It is further alleged that the petitioner got married the victim at the intervention of the village gentries. After the marriage the victim was four months pregnant. In the night, the petitioner and his family members tried to terminate the pregnancy of the victim and gave her medicine. Thereafter, the pregnancy was terminated. It is further alleged that the petitioner and his family members started physical and mental torture to the victim. Hence, the case is registered.

When the matter is taken up by the Coordinate Bench of this Court on 07.02.2024, the following has been passed:

“1. This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Ambadola P.S. Case No. 200 of 2023 corresponding to T.R. Case No. 35 of 2023 pending in the Court of the learned Addl. Sessions Judge -cum-Special Judge (POCSO), Rayagada registered for commission of offences punishable under Sections 498-A/313/307/506/376-AB/34 of IPC read with Section 4(2)/6 of POCSO Act.

Mr. S.K. Bhanjadeo, learned counsel for the petitioner submits that on account of a misunderstanding, the informant who is the wife of the petitioner had left the house and lodged the FIR against him and his relations and that the petitioner is prepared to take back the informant and look after her.

I am not inclined to entertain the prayer for bail as the investigation was in progress, but in view of the above submission of the learned counsel for the petitioner, I deem it fit to issue notice to the opp. party no.2-the informant.

Requisites for issuance of notice to the opposite party no.2 through Registered Post with A.D shall be filed within three working days. The notice shall be made returnable within four weeks.

Learned counsel for the petitioner shall also serve an extra copy of the brief on Mr. Mishra, learned Addl. Government Advocate within three working days, for service of notice on opposite party no.2 through the concerned I.O./I.I.C, who shall also inform the opposite party no.2 about the date of next posting of the case and that he/she can appear in Court through counsel or from the Police Station through Video Conferencing mode to oppose/ support the prayer for bail.

List this case on 13.03.2024. It shall be indicated in the cause list that the matter will be taken up at 2.00 p.m.

Copy of this order be handed over to Mr. D.K. Mishra, learned Addl. Govt. Advocate for onward transmission to the I.O./IIC, Ambadola Police Station.”

Pursuant to order dated 07.02.2024, the opposite party no.2, who is the victim (Rasna Dangari) appears through virtual mode before this Court and opposes the prayer for bail of the petitioner. She further stated that she was subjected to sexually assault by the petitioner and they are although married to each other. The petitioner has been continuously torturing her. Therefore, she vehemently opposed the prayer for bail.

Mr. Maharaj, learned Additional Standing Counsel submits that the victim girl is aged about 18 years. At the time of commission of offence, she was a minor. The fact remains, the petitioner and victim has already married. In order to save the marital life of the petitioner and opposite party no.2, the petitioner shall be released on bail for a limited period so as to afford him an opportunity to revive his marriage and convince his wife.

Taking into the aforementioned fact, the petitioner be released on interim for a period of six weeks from the date of his release.

The petitioner be released on interim bail on furnishing bail bond of Rs.25,000/-(rupees twenty five thousand) with one of the family members surety the like amount to the satisfaction of the learned Court in seisin over the matter including the condition that the petitioner shall not leave the jurisdiction of the concerned police station. After completion of the interim bail period, the petitioner shall surrender before the Court below.

Violation of any of the conditions shall entail cancellation of the interim bail.

The BLAPL is accordingly disposed of.

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