Dismissed

Dinabandhu Maharana v. State of Orissa

Orissa HC5 Jan 2017BLAPL/6950/2016

Case brief

AI extract

What is this about?

Petitioner in custody charged under sections 498-A, 302, 304-B, and 34 IPC applied for bail alleging investigation complete and no direct evidence connecting him to the death. Court denied bail due to glaring circumstances involving dowry demands. Liberty given to renew prayer after committal.

What did the court decide?

Bail application dismissed; liberty granted to renew prayer after committal proceedings conclude.

Dinabandhu Maharana Vs State of Orissa — Matrimonial and Divorce | Orissa HC (2017)

¶1

 BLAPL No.6950 OF 2016

¶2

04. 05.01.2017 Petitioner being in custody in Ranpur P.S. Case No. 132 of 2016 corres
ponding to G.R. Case No.128 of 2016 pending in the court of learned J.M.F.C., Ranpur registere
d for alleged commission of offence punishable under sections 498-A/302/304-B/34, I.P.C. read
with section 4 of the D.P. Act, has filed this application for his release on bail.

¶3

 Learned counsel for the petitioner submits that in this case investigation is
complete and there remains no direct material against this petitioner that it is he who has se
t the deceased ablaze. Inviting the attention of this Court to the statement of one Auto Drive
r and another witness, she submits that the death of the deceased is on account of accidentall
y coming in contact with fire and when there remains no further material to connect this petit
ioner directly with the death, merely on the basis of circumstances, further detention of the
petitioner in custody is not warranted.

¶4

 Learned Additional Government Advocate opposes the move. According to him, the
 circumstances are glaring in the case that the death has taken place shortly after the marria
ge with persistent demand of dowry and torture. According to him, the accidental catching of
fire is a story created for the purpose.

¶5

 Considering the submissions and viewing the materials available on record as a
lso the other circumstances and the conduct of the petitioner, at this stage, I am not incline
d to grant bail to this petitioner. Accordingly, the BLAPL stands dismissed. However, liberty
is granted to the petitioner to renew his prayer for grant of bail after committal proceeding
is over.

¶6

 Urgent certified copy of this order be granted on proper application.

¶7

 ..
 D. Dash, J.

¶8

Dinabandhu Maharana v. State of Orissa

Case brief

What is this about?

What did the court decide?

Dinabandhu Maharana v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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