Allowed

Harendra Patra v. State of Orissa

Orissa HC2 Apr 2019ABLAPL/20074/2017

Case brief

AI extract

What is this about?

The court allowed a petition for pre-arrest bail in a dowry death case. Noting the absence of an immediate police report and a delayed FIR after six months with no material proving the petitioner caused the death, the court directed the release of the petitioner if arrested, subject to conditions including cooperation with investigation.

What did the court decide?

Ordered that if the petitioner is arrested in connection with the case, he shall be released on bail including the condition to cooperate with the investigation.

Harendra Patra Vs State of Orissa — Dowry and Cruelty | Orissa HC (2019)

¶1

ABLAPL No.20074 of 2017

¶2

02.04.2019 The petitioner in this case having been implicated in Bhograi P.S. Case No.131 of 2016 corresponding to CT Case No.423 of 2016 pending in the court of the learned JMFC, Jaleswar for alleged commission of offences punishable under Sections 498(A)/304-B/306/427/ 406/294/34 of I.P.C. read with Section 4 of D.P.Act has filed this petition for his release on pre-arrest bail.

¶3

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

¶4

Perused the allegations made in the F.I.R.

¶5

The aforesaid case has been registered pursuant to the complaint petition vide 1CC Case No.152 of 2016 sent under Section 156(3) of Cr.P.C. by the learned JMFC, Jaleswar to the police. The allegation is that the daughter of the complainant was done to death by immolating her by the present petitioner for non-fulfilment of illegal demand of dowry. No doubt, the deceased stated to have sustained burn injury and admitted in the hospital and died after 9 days but, no police report was made. However, after six months of the incident, a complaint has been made alleging the aforesaid offence. The petitioner states that the allegation has been made as due concoction and as such, without any substance, inasmuch as, the deceased died due to accidental burn injury.

¶6

Learned counsel for the State does not dispute the fact that the case was registered pursuant to the complaint made after six months of the occurrence. However it is submitted that since the deceased was done

¶7

RKS

¶8

¶9

to death and the allegation is there indicating the fact that the case is dowry death and no material is available that the death is accidental one, the petitioner do not deserve to be released on bail.

¶10

However, no material is produced before this Court indicating the fact that the deceased was done to death by the present petitioner.

¶11

Hence, regard being had to the facts and submissions made, especially the nature of accusations, character of evidence appearing against the petitioner, circumstances of which the petitioner has been indicted in this case, coupled with the fact that 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 arresting officer on such terms and conditions as he may deem just and proper including the condition that the petitioner shall cooperate with the investigation.

¶12

The ABLAPL is, accordingly, disposed of being allowed.

¶13

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

¶14

………………… S.Pujahari, J.

¶15

Harendra Patra v. State of Orissa

Case brief

What is this about?

What did the court decide?

Harendra Patra v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shovan Mahalik@Sudan Vs State of Odisha

Sikun Beura Vs State of Odisha

Deepak Mangur Vs State of Odisha

Babula Majhi Vs State of Odisha

Harekrishna Jena Vs State of Orissa

Nilamadhav Samal Vs State of Odisha