Allowed

Bidyadhar Jena v. State of Odisha

Orissa HC19 Nov 2020ABLAPL/13704/2020

Case brief

AI extract

What is this about?

The court, while granting anticipatory bail pending surrender, directed petitioners (in-laws of deceased) to surrender within two weeks to the Sessions Court on specific bail terms. The court noted suicide theory but considered dowry allegations for bail conditions.

What did the court decide?

Petitioners directed to surrender within two weeks to S.D.J.M., Jajpur for regular bail on terms; condition added not to threaten witnesses.

Bidyadhar Jena Vs State of Odisha — Domestic Violence | Orissa HC (2020)

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ABLAPL NO. 13704 OF 2020

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19.11.2020 The matter is taken up through video conferencing mode.

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Learned counsel for the petitioners submits that these petitioners being the in-laws of the deceased have been arraigned in the case with the general allegations that they were demanding dowry and torturing the deceased on account of non-fulfillment of the same. He further submits that simply because of the fact that the death has not taken place under normal circumstances, with such omnibus allegations, these petitioners should not have been roped in the case when husband has also been roped. It is his submission that the husband of the deceased having been arrested in the case, is in custody. It is placed that the opinion of the doctor as to the cause of death is that of suicidal hanging. It is also his submission that all these petitioners have been arraigned in the case only to see that they are harassed to maximum. In view of all the above and in the absence of any such other impediment; he urges for grant of anticipatory bail to the petitioners.

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Learned counsel for the State while not disputing the position as to the cause of death however opposes the move on the ground that on the face of the allegations with regard to demand and torture when the death has not taken place within seven years of marriage and not under normal circumstances, prima facie presumption under section 113-A / 113-B of the Evidence Act stands drawn.

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Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding circumstances of the case as also concerning

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// 2 //

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the petitioners and in the absence of any other impediment, it is directed that in the event the petitioners surrender before the court in seisin of the case in connection with Bari Ramchandra P.S. Case No.202 of 2020 corresponding to C.T. Case No.1814 of 2020 on the file of learned S.D.J.M., Jajpur within two weeks hence and move for their release on bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the said court with further condition that they will not threaten or terrorize the prosecution witnesses in any manner.

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The ABLAPL is accordingly disposed of.

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……………………..

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D. Dash, J.

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Narayan

Bidyadhar Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bidyadhar Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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