Orissa High Court
Sibraj Rout @ Anand vs State Of Odisha on 3 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.661 of 2022
Sibraj Rout @ Anand .... Appellant
Petitioner
Mr.T. Nanda, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr.Manoranjan Mishra
Addl. Standing Counsel
Mr. Jagabandhu Saho, Advocate
for informant
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 03.07.2023
I.A. No.877 of 2023
07. This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
Heard learned counsel for the petitioner and
learned counsel for the State as well as learned
counsel for the informant.
This is an application for bail.
The appellant-petitioner has been convicted
under sections 376(2)(i)/376(2)(n) of the Indian
Penal Code and section 6 of the Protection of
Children from Sexual Offences Act and sentenced to
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undergo rigorous imprisonment for a period of
twenty years and to pay a fine of Rs.50,000/-
(rupees fifty thousand) and in default, to undergo
rigorous imprisonment for a further period of two
years for the offence under section 6 of the
Protection of Children from Sexual Offences Act and
no separate sentence has been awarded for the
offences under sections 376(2)(i)/376(2)(n) of the
Indian Penal Code by the learned Ad-hoc Addl.
Sessions Judge (F.T.S.C), Balangir vide judgment
dated 21st April 2022 in Special G.R. Case No.101 of
2017 / T.R. No.16 of 2021.
Perused the impugned judgment.
The ground has been taken in this application
that the petitioner has married to the victim and the
marriage has been registered before the Marriage
Officer, Balangir. The marriage certificate has been
annexed to the interim application as Annexure-2.
Learned counsel for the State was asked to
obtain instruction on the interim application
specifically on the marriage certificate.
Today, learned counsel for the State has
furnished the report of the Inspector in-charge of
Puintala police station dated 16.05.2023 wherein it is
mentioned as follows:
"With reference to the subject cited above, I
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am to intimate you that, made
inquiry in village as per order of the Hon'ble
Court and it is ascertained that, the Seema
Raut W/o- Shibaraj Raut D/o- Sitaram Raut
of vilage Palsapadar PS: Puintala married to
accused Shibaraj Raut on 13/02/2023 before
the marriage officer Balangir in presence of
witnesses Sitaram Raut, Rohita Naik, Sukru
Naik. She produced the original marriage
certificate during the inquiry. She is residing
in his parental house, as the parents of the
accused person is not allowing to their
house. Now she blessed with one male baby
child aged of five years. After the marriage
both were lived their conjugal life
peacefully."
Learned counsel for the informant has also filed
an affidavit by the victim wherein it is indicated that
the victim girl has married to the petitioner and
blessed with a child.
Considering the submissions made by the
learned counsel for the respective parties, the lis
pendens development, the report furnished by the
learned counsel for the State and since the petitioner
and the victim have got married and they are
blessed with a child, I am inclined to release the
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petitioner on bail.
Let the appellant-petitioner be released on bail
pending disposal of the appeal on furnishing bail
bond of Rs.50,000/- (rupees fifty thousand) with two
solvent sureties each for the like amount to the
satisfaction of the learned trial Court with such terms
and conditions as the learned Court may deem just
and proper.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
Sipun
Signature Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 04-Jul-2023 18:48:18
