The High Court granted bail to the petitioner, father-in-law of the deceased, charged with offences under IPC and D.P.Act. despite prior rejection by the Sessions Court, considering his age and the prosecution case.
Petitioner released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties for the like amount.
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BLAPL No. 918 of 2016
07.04.2016
Heard learned counsel for the petitioner and the learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with Bhuban P.S. Case N
o. 188 of 2015 corresponding to G.R. Case No. 187 of 2015 pending in the Court of learned JMFC
, Bhuban for alleged commission of offences punishable under sections 498-A/304-B/302/34 of In
dian Penal Code and section 4 of D.P.Act.
The petitioner moved an application for bail before the Court of Addl.Sessions Judge,
Kamakhyanagar which was rejected on 5.2.2016.
Learned counsel for the petitioner submits that the petitioner is the father-in-law of
the deceased Alaka Manjari Jena and he has been charge sheeted under sections 498-A/304-B/302
/34 of Indian Penal Code and section 4 of D.P.Act. It is the contention of the learned counsel
for the petitioner that the son of the petitioner namely Deepak Kumar Behera married the dec
eased in June, 2010 and they were blessed with a daughter who was aged about 4 years at the
time of occurrence and the death took place on 28.11.2015 and the cause of death as per the p
ost mortem report is asphyxia due to drowning. He further submits that the prosecution case is
that there was no initial demand of dowry at the time of marriage that there is no specific
allegation against the petitioner and since the petitioner is aged about 70
application of the petitioner may be favourably considered. Learned counsel for the petitione
r also placed the statement of the daughter of the deceased namely Dibyansha Behera who has st
ated about the usual quarrel between her parents and that her mother returned back on 28.11.2
015 from her grand-fathers house.
Learned counsel for the State on the other hand placed the post mortem report as well
as the statement of the father of the deceased namely, Maheswar Jena.
Considering the submissions made by the learned counsels for the respective parties, t
he nature of accusation against the petitioner, the period of detention of the petitioner in j
udicial custody and the cause of death as per the post mortem report as well as taking into a
ccount the statement of the daughter of the deceased, I am inclined to release the petitioner
on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond o
f Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to
the satisfaction of the Court in seisin over the matter with further terms and conditions as t
he learned Court may deem just and proper.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
3
3 issues framed by the court
Whether the petitioner charged with offences including murder and cruelty should be granted bail.
Whether the petitioner is sufficiently the father-in-law of the deceased as per charge.
Whether the bail application satisfies the statutory conditions for release on bail.
3 provisions across 3 enactments
Deepak Kumar Behera
State of Orissa
Unknown
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court