BANTU KALIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner is an accused in connection with Kantamal P.S. Case No. 135 of 2019 corresponding to C.T. (Spl.) POCSO Case No.17 of 2019 registered on the allegation of the alleged commission of offence punishable under Ss. 376(2)(n)/313/294/323/ 506/34 of IPC, pending in the Court of the learned Special Judge, Boudh.

(2.) Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

(3.) The prosecution case as per the FIR is that on 5/8/2019 at about 5.30 P.M. the informant presented a written report at the P.S. alleging therein that, since one year she had been in love relationship with the present petitioner. After two months while she was coming to her house on the way the petitioner dragged her to the village jungle and forcibly committed sexual assault against her will. Due to fear, she has not disclosed about the incident before anybody including her family members. Thereafter the petitioner repeated sexual assault with her in absence of the family members at her house. It is alleged that for about 5 months, the petitioner kidnapped her from her house with a promise to marry her and went away to Bargarh and kept physical relationship with her but did not marry her. After two days the petitioner brought her to his house where the family members of the petitioner accepted him and abused the informant in obscene languages and stated that, you spoiled the life of our son and threatened to do away her life. After two hours the petitioner brought the informant to his house and she stayed for five months in the house of the petitioner, where she became pregnant. It is also alleged that the petitioner along with his family members forcibly tried to abort her pregnancy and finally succeeded to abort her pregnancy at the hospital. From that date neither the petitioner nor his family members gave her food. Lastly on 3/8/2019 at the midnight the family members of the petitioner drove away her from their house. Hence the case.