Allowed

Pradmunya Behera v. State of Orissa

Orissa HC2 Jun 2017BLAPL/2715/2017

Case brief

AI extract

What is this about?

This court disposed of a bail application under Section 439 Cr.P.C. in a case involving offences under Section 498-A IPC, Section 304-B IPC, Dowry Prohibition Act, and others related to the death of the wife by hanging. The court observed lack of direct evidence against the accused and granted bail.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties each for the like amount.

This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.1077 of 2016 arising out of Kaniha P.S. Case No.162 of 2014 pending in the Court of learned S.D.J.M ., Talcher for alleged commission of offences punishable under sections 498-A/306/304-B/201/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is the husband of the d eceased Ani Behera and he is in custody since 08.10.2016 and in the meantime, after completion of investigation, charge sheet has been submitted under sections 498-A/306/304-B/201/34 of th e Indian Penal Code and section 4 of the Dowry Prohibition Act. He further submits that the ca use of death as per the post mortem report is asphyxia due to hanging and the marriage between the petitioner and the deceased was solemnized in the year 2013 and the deceased committed su icide in the year 2016 and there is no clinching material to show that the deceased was subjec ted to physical and mental torture in connection with the demand of dowry soon before the deat h and therefore, taking into account the period of detention of the petitioner in judicial cus tody, the bail application of the petitioner may be favourably

Learned counsel for the State has produced the case diary and placed the post mortem r eport as well as statements of Nursingha Behera who is the brother of the deceased, Sridhar Be hera who is the cousin brother of the deceased and Kuni Behera who is the mother of the deceas ed.

Considering the submissions of learned counsels for the respective parties, the nature of accusation against the petitioner, absence of any direct evidence against the petitioner a nd the post mortem report findings as well as taking into account the period of detention of t he petitioner in judicial custody, 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.

Pradmunya Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

Pradmunya Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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