The High Court granted bail to the petitioner, husband of a deceased woman who committed suicide following alleged domestic quarrels, in a case under IPC 498-A and 306, considering the period of detention and nature of accusations.
Release of the petitioner on bail by furnishing a bond of Rs. 20,000 with two solvent sureties of equal amount.
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11BLAPL No . 4.20161157 of 2016
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner i
n connection with G.R. Case No. 596 of 2015 arising out of Ghasipura P.S. Case No. 216 of 2015
pending in the Court of learned Asst. Sessions Judge, Anandapur for offences punishable under
sections 498-A/306 of Indian Penal Code.
The petitioner moved an application for bail before the learned Asst.Sessions Judge, A
nandapur which was rejected on 27.1.2016.
Learned counsel for the petitioner submits that the petitioner is the husband of the d
eceased Mitanjali Rout @ Mili and he is in custody since 30.10.2015 and he has been charge she
eted under sections 498-A/306 of Indian Penal Code. It is the contention of the learned couns
el for the petitioner that the marriage between the petitioner and the deceased was solemnized
in the year 2008 and they were blessed with a four years son and due to domestic quarrel b
etween the parties, the deceased consumed poison on 28.10.2015 and immediately thereafter she
was shifted to the hospital by the petitioner but she died. It is the further contention of
the learned counsel for the petitioner that the cause of death as per the post mortem report w
as on account of poisoning and no external injury was noticed on the person of the deceased.
He further submits that in view of the available materials on record and particularly taking
into account the period of detention of the petitioner in judicial custody, the bail applica
tion may be favourably considered.
Learned counsel for the State has produced the case diary and opposed the prayer for b
ail and placed the statement of Pramod Kumar Barik, who is the brother of the petitioner who
has stated
about domestic quarrel and also about the shifting of the deceased to the hospital by the pe
titioner. He further placed the statement of co-villager Dushmanta Barik who has stated about
the dying declaration of the deceased.
Considering the submissions made by the learned counsels for the respective parties, n
ature of accusation against the petitioner, immediate cause for commission of suicide by the d
eceased, the post mortem report findings and the period of detention of the petitioner in judi
cial custody, I am of the opinion that it is a fit case for grant of bail to the petitioner.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bo
nd of Rs. 20,000/-(Rupees twenty thousand) with two solvent sureties each for the like amount
to the satisfaction of the learned Court in seisin over the matter with further terms and cond
itions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
S.K.Sahoo, J.
2
2
1 issue framed by the court
Whether the petitioner is a fit case for the grant of bail under Section 439 Cr.P.C. in a case involving allegations of cruelty and causing suicide by injuries under IPC 498-A and 306.
2 provisions across 2 enactments
Petitioner
State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court