Allowed

Rakesh Mohanty v. State of Odisha

Orissa HC19 Jun 2019BLAPL/3433/2019

Case brief

AI extract

What is this about?

An application under Section 439 Cr.P.C. for bail in a case involving offences under IPC 498-A, 304-B, 34 and the Dowry Prohibition Act. The Single Judge, considering the petitioner's role in saving the victim's life and post-mortem findings, allowed the bail application.

What did the court decide?

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

Rakesh Mohanty Vs State of Odisha — Dowry and Cruelty | Orissa HC (2019)

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BLAPL No. 3433 of 2019

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19.06.2019 Heard learned counsel for the petitioner and the learned counsel for the State.

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This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.1813 of 2018 arising out of Kisannagar P.S. Case No.128 of 2018 pending in the Court of learned J.M.F.C.(R), Cuttack for alleged commission of offences punishable under sections 498-A/304-B/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

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The petitioner moved an application for bail before the Court of learned 2^nd Addl. Sessions Judge, Cuttack which was rejected on 04.04.2019.

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Learned counsel for the petitioner submitted that the petitioner is the husband of the deceased Subhadra Mohanty and he is in judicial custody since 16.11.2018 and charge sheet has been submitted under sections 498-A /304-B/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act. It is stated that the marriage between the petitioner and the deceased was solemnized on 01.07.2012 and they were having no issue and on the date of occurrence i.e., on 06.10.2018, there was domestic quarrel between the parties and taking exception to such quarrel and, in the absence of the petitioner, the deceased consumed poison for which she was shifted to the hospital at Salipur and then the petitioner took her to the S.C.B. Medical College and Hospital, Cuttack for treatment and then she was admitted in a private nursing home and ultimately on 17.10.2018 she died while undergoing treatment and the post mortem report indicates that there was no external injury sustained by the deceased and the chemical report indicates that the organo phosphorous insecticidal poison was found in the viscera. He further submitted that there is no clinching material

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relating to the abetment of commission of suicide or any kind of physical and mental torture by the petitioner to the deceased in connection with demand of dowry and therefore, the bail application may be favourably considered. He files the copies of the charge sheet, post mortem report and chemical examination report which are taken on record.

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Learned counsel for the State has produced the case diary and opposed the prayer for bail.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the surrounding circumstances under which the deceased died, the conduct of the petitioner in shifting the deceased from hospital to hospital to save her life and the post mortem report findings as well as taking into account the period of detention of the petitioner in judicial custody, I am inclined to release of the petitioner on bail.

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skb

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of 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 the learned Court may deem just and proper.

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Accordingly, the BLAPL is disposed of.

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

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………………….. S. K. Sahoo, J.

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Rakesh Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rakesh Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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