Allowed

Sanyasi Charan Patra v. State of Odisha

Orissa HC9 Sept 2020ABLAPL/5049/2020

Case brief

AI extract

What is this about?

The High Court allowed the petition for pre-arrest bail in a case involving offences under Sections 498-A, 304-B, and 306 IPC read with the Dowry Prohibition Act. The court held that given the nature of accusations and lack of material incriminating the accused, granting bail was necessary.

What did the court decide?

Release on pre-arrest bail on such terms and conditions as deemed just and proper by the arresting officer.

Sanyasi Charan Patra Vs State of Odisha — Caste Atrocities | Orissa HC (2020)

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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI

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ABLAPL No.5049 of 2020

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Sanyasi Charan Patra

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Mitarani Patra

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… Petitioners

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Versus - State of Odisha … Opp. Party

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O R D E R

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09.09.2020 In the wake of the pandemic Covid-19, the case is taken up through V.C.

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Heard the learned counsel for the parties.

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The petitioners apprehending their arrest in Jaleswar P.S. Case No.139 of 2020, corresponding to C.T. Case No.278 of 2020, pending in the court of J.M.F.C., Jaleswar, registered for alleged commission of offences punishable under Sections 498-A, 304-B and 306/34 of I.P.C. read with Section 4 of the Dowry Prohibition Act, 1961, have filed this petition for their release on pre-arrest bail.

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The allegation of the prosecution is that the petitioners, who are the father-in-law and mother-in-law of the deceased, along with the husband of the deceased stated to have meted the deceased with cruelty for non-fulfillment of their illegal demand of dowry, which drove the deceased to commit suicide by hanging.

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The charge sheet has been filed in the case in question alleging commission of the aforesaid offences. Custodial interrogation of the petitioners is not likely to bring any further materials incriminating to the accused person. No material is also there indicating that the petitioners shall

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abscond and/or tamper with the prosecution evidence, if released on pre-arrest bail.

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Therefore, regard being had to the aforesaid facts and submissions made, especially the nature of accusation, character of incriminating materials appearing against the petitioners in support of charge, circumstances in which the offences alleged to have been committed, factum of completion of investigation and hardly any material being there to suggest that the petitioners are likely to abscond and/or tamper with the prosecution evidence, if enlarged on pre-arrest bail, I am of the view that the petitioners in this case deserve to be released on pre-arrest bail.

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Hence, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.

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The ABLAPL is, accordingly, disposed of being allowed.

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Due to difficulties faced by the parties in getting the certified copies of this order and in view of the Court’s Notice No.4587 dated 25.03.2020, if a printout of the copy of this order from the website of the High Court is produced by the party duly attested by him to be the true copy, the same be treated at par with the certified copy and the direction be complied with.

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Sanyasi Charan Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sanyasi Charan Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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