Allowed

Niranjan Das v. State of Orissa

Orissa HC10 Nov 2016ABLAPL/4224/2016

Case brief

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What is this about?

In a habeatis corpus petition, the High Court allowed anticipatory bail for the petitioner apprehending arrest in a dowry-related murder case. Despite allegations, no postmortem was conducted, death was attributed to TB Meningitis by medical officials, and a settlement had occurred between parties.

What did the court decide?

Application for anticipatory bail allowed with direction to release on bail upon arrest subject to terms deemed just.

10.11.2016 Heard learned counsel for the petitioner and the learned Addl. Government Advocate. The petitioner is apprehending arrest for the alleged commission of offences under Sec tions 498-A, 304-B, 306, 323, 325 and 302/34 of the I.P.C. read with Section 4 of the Dowry Pr ohibition Act in G.R. Case No. 628 of 2015 of the court of J.M.F.C.(P), Kujang, arising out of Kujang P.S. Case No. 176 of 2015.

In course of hearing, learned Addl. Standing Counsel for the State brought to the noti ce of the Court that no postmortem was conducted with respect of the dead body of the deceased . The death occurred on 28.11.2014 at 6.30 P.M. and as per the medical report maintained by th e S.C.B. Medical College and Hospital, Cuttack death of the deceased was due to T.B. Meningiti s. The bed-head ticket, which has been seized by the Police is signed by two doctors, has been produced before the Court. Hence, no offence under Section 302, 306 and 304-B of the I.P.C. i s made out against the petitioner. There are some allegations of dowry torture against the pet itioner. But it is apparent from the records that just before the death, no such incident took place. It is further brought to the notice of the Court that there has been a settlement betw een the parties. Some of the dowry articles, those have been given to the deceased at the time of her marriage, have been returned to the father of the deceased.

Keeping in view the aforesaid consideration, facts of the case and the fact that the p etitioners are permanent residents of Village-Parapara, P.S. Kujang, Dist. Jagatsinghpur and t here is no chance of his absconding from justice, the application for anticipatory bail is all owed. There is also no allegation that the petitioner shall tamper with the prosecution case i f he is released on bail. It is directed that on the event of arrest, the petitioner shall be released on bail on such terms and conditions as deemed just and proper by the Arresting Offic er.

Niranjan Das v. State of Orissa

Case brief

What is this about?

What did the court decide?

Niranjan Das v. State of Orissa

Case brief

What is this about?

What did the court decide?

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