Orissa High Court
Jadumani Sabar vs State Of Odisha .... Opp. Party on 28 July, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 1756 of 2021
Jadumani Sabar .... Petitioner
Mr. B.K. Behera (1), Advocate
-versus-
State of Odisha .... Opp. Party
Mr. A.K. Beura,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 28.07.2021
05. This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with S.A. Case No.31 of 2020 arising out of Khariar P.S. Case No.145 of 2019 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Nuapada for offences punishable under sections 363/366/376(2)(n)/376(3) of the Indian Penal Code and section 6 of the POCSO Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Judge, Nuapada which was rejected on 11.02.2021.
// 2 // Learned counsel for the petitioner submits that the petitioner is in judicial custody since 19.11.2020 and he has been charge sheeted under sections 363/366/376(2)(n)/376(3) of the Indian Penal Code and section 6 of the POCSO Act. Learned counsel for the petitioner further submits that the victim is now residing in the house of the petitioner and she is a consenting party and she has already given birth to a female child and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State has produced the case diary and on instruction as per the order dated 02.07.2021, he submits that the petitioner is a married person and he is having a son who is aged about nine years and the victim has given birth to a female child and earlier she was staying with her parents but few days back, she came and stayed in the house of the petitioner. The date of birth of the victim is 15.11.2003 and the occurrence took place on 11.06.2019 and therefore, the age of the victim was fifteen years and six months at the time of occurrence.
In view of the age of the victim and her 164 Cr.P.C. statement of the victim and the nature and gravity of the accusation, while not inclining to release the petitioner on bail, I direct the learned trial Court to expedite the trial and at the first instance, take steps for examination of the victim.
Page 2 of 3// 3 // The petitioner is at liberty to renew his prayer for bail after examination of the victim in the trial Court.
Accordingly, the BLAPL is disposed of. A copy of the order be sent to the learned trial Court for compliance.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March 2020 as modified by Court's Notice No.4798 dated 15th April 2021.
sisir ( S.K. Sahoo)
Judge
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