The court granted anticipatory bail to petitioners facing allegations of dowry-related and other offences, considering medical reports indicating natural death, settlement between parties, and no likelihood of absconding.
Application for anticipatory bail allowed; on arrest, petitioners shall be released on bail as terms deem just.
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ABLAPL No. 4309 of 2016
10.11.2016 Heard learned counsel for the petitioners and the learned Addl. Government Advocate.
The petitioners are apprehending arrest for the alleged commission of offences under S
ections 498-A, 304-B, 306, 323, 325 and 302/34 of the I.P.C. read with Section 4 of the Dowry
Prohibition 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 petitioners. There are some allegations of dowry torture against the pe
titioners. But it is apparent from the records that just before the death, no such incident to
ok place. It is further brought to the notice of the Court that there has been a settlement be
tween the parties. Some of the dowry articles, those have been given to the deceased at the ti
me 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 their absconding from justice, the application for anticipatory bail is a
llowed. There is also no allegation that the petitioners shall tamper with the prosecution cas
e if they are released on bail. It is directed that on the event of arrest, the petitioners sh
all be released on bail on such terms and conditions as deemed just and proper by the Arrestin
g Officer.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
S.K.Mishra, J.
2
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest in offences under IPC and the Dowry Prohibition Act.
2 provisions across 2 enactments
Petitioners
State
S.K. Mishra
As recorded by the court registry
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