Orissa High Court
Sanjeev Kumar Ray @ Fakira vs State Of Odisha .... Opposite Party(S) on 11 February, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 3615 of 2024
Sanjeev Kumar Ray @ Fakira .... Petitioner(s)
Ray and another
Mr. P.K. Nayak, Advocate
-versus-
State of Odisha .... Opposite Party(s)
Mr. U.R. Jena, AGA
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 11.02.2025
01. 1. Heard.
2. The petitioners are accused in Biramitrapur P.S. Case
No.35 of 2021 corresponding to G.R. Case No.280 of 2021 pending
in the court of learned JMFC, Biramitrapur registered for the
alleged commission of offence punishable under Sections
294/394/341/506/364(A) of the IPC.
3. The allegation against the petitioner is that one Nepal
Sahani, S/o. Mulchar Sahani, lodged a written report before the IIC,
Biramitrapur Police Station alleging therein that, on dt.26.02.2021
at about 4.00 P.M. when he had been to dropped his staff at his
residence situated near Odisha-Jharkhand border, one Fakira of
Sunday market, Biramitrapur along with his three associates went to
his house and asked about his wife. On this his wife Bibha Devi
replied that he had been to Jharkhand for some work. By finding his
wife alone in house they abused her in obscene language as well as
misbehaved her by some dirty gesture. Fakira also threatened his
wife to rape her. After that Fakira contacted him over phone and
asked about his present where about. On this he replied him that he
came to Jharkhand to drop his staff. After that he said that he had
some important work with him. While he was returning to his
house, on the way near border (Jharkhand side) Fakira and 3 other
person stopped him and told that he had an important work with
him told me to follow them. They all taken to him at the unknown
place to Jharkhand State and suddenly they all started assaulting
him by means of lathi, stone and fist blows. Several time asked
them about the reason for beating him. But without giving any reply
they all continuously beaten him. After that one of them threatened
to pay Rs.5,00,000/- (Rupees five lakh) as ransom to save his life
and if he failed to pay the money, they will kill him and also do
rape his wife and his daughter. During this occurrence they looted
approx. Rs.5000/- from him which is sale proceed of his shop..
Hence the FIR.
4. After investigation, charge sheet has been filed in the
present case on 31.03.2021 adding graver offence punishable under
Section 364(A) of the IPC. The petitioners have been on bail.
However, after the addition of the offence punishable under Section
364(A), they apprehend that if they appear before the court below,
they may be sent to the judicial custody. Hence, they seek
indulgence of this Court.
5. Learned counsel for the petitioners submits that liberty
may be granted to the petitioners appear before the court below on
or before 10.03.2025 and move appropriate application for grant of
bail.
6. I am not inclined to entertain this petition at this stage.
However, liberty is granted to the petitioners to appear/surrender
before the court below on or before 10.03.2025 and resort to the
remedy available under law. The petitioners are also granted liberty
to move appropriate application before the court below for grant of
bail by relying upon the judgments of the Hon'ble Supreme Court
in the case of Sushila Aggarwal and others v. State (NCT of Delhi)
and another reported in (2020) 5 SCC 1 and Pradip Ram v. State of
Jharkhand reported in (2019) 17 SCC 326. If such application is
moved, the same shall be considered by the court below in
accordance with law laid by the Supreme Court in the
aforementioned judgments. Till the petitioners surrender before the
competent court and avail the remedy under law, no coercive action
shall be taken against them till 10.03.2025.
7. With this observation, the CRLMC is disposed of.
(S.S. Mishra)
Judge
Ashok
Signed by: ASHOK KUMAR JAGADEB
Location: High Court of Orissa
Date: 12-Feb-2025 13:54:51
