Rashmiranjan Barik Vs State of Odisha

ABLAPL No.13216 of 2019

26.11.2019 The petitioner apprehending his arrest in Soro P.S. Case No.382 of 2019, corresponding to C.T. Case No.751 of 2019, pending in the court of learned J.M.F.C., Soro registered for alleged commission of offences punishable under Sections 498-A/294/508/307/34 of I.P.C. read with Section 4 of the Dowry Prohibition Act, 1961, has filed this petition for his release on pre-arrest bail.

Heard, the learned counsel for the petitioner and learned counsel for the State.

Allegation of the prosecution against the petitioner, who is the husband of the informant, is that he had throttled the informant with an intention to kill her.

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After going through the Case Diary, learned counsel for the State submits that no major injury was caused on the informant. The matter arrived out of a marital discord.

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Regard being had to the facts and submissions made, especially the nature of accusation, character of evidence appearing against the petitioner and the fact that this matter arises out of matrimonial discord and also the punishment prescribed for the offences alleged so also there is no likelihood of the petitioner absconding or tampering with the prosecution evidence, if released on pre-arrest bail, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.

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However, the aforesaid order is subject to the condition that the petitioner shall cooperate with the investigation and no other graver offence is reported against the petitioner besides the aforesaid offences.

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The ABLAPL is, accordingly, disposed of being allowed.

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

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……………………..

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S.Pujahari, J.

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DA

Rashmiranjan Barik v. State of Odisha

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Rashmiranjan Barik v. State of Odisha

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