Partly allowed

Narahari Parida v. State of Odisha

Orissa HC10 Sept 2020ABLAPL/7401/2020

Case brief

AI extract

What is this about?

The Court applied for anticipatory bail. While favouring no bail for petitioners 1 and 2, the Court granted anticipatory bail to petitioner 3 (sister-in-law) with specific conditions as per Section 438 Cr.P.C., distinguishing her case from the others based on the prosecution material. The application was disposed of accordingly.

What did the court decide?

Anticipatory bail granted to petitioner 3 on furnishing a bail bond of Rs. 10,000 with two sureties, subject to appearance for interrogation and no inducement to witnesses.

Narahari Parida Vs State of Odisha — Dowry and Cruelty | Orissa HC (2020)

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ABLAPL No. 7401 of 2020

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1. NARAHARI PARIDA

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2. SMT. SATYABHAMA PARIDA

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3. SMT. MINA @ MINAKHI … PETITIONERS PATRA

-VERSUS-

STATE OF ODISHA

... OPP. PARTY

10.09.2020 The matter is taken up through Video Conferencing.

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Heard the learned counsel for the petitioners and learned counsel for the State.

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This is an application under section 438 of Cr.P.C. for grant of anticipatory bail in connection with Naikinidihi P.S. Case No.57 of 2020 corresponding to G.R. Case No. 226 of 2020 pending in the file of learned J.M.F.C., Basudevpur for alleged commission of offences under sections 498-A, 302, 304-B/34 of the Indian Penal Code.

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Perused the F.I.R. annexed to the anticipatory bail application.

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Learned counsel for the petitioners submitted that the petitioners nos.1 and 2 are the parents in-law of the deceased Priyanka @ Draupadi Rout and petitioner no.3 is the married sister in-law, who is staying with her husband in the State of Jharkhand. He further submitted that there are no clinching materials available against the petitioners and therefore, the anticipatory bail application of the petitioners may be favourably considered.

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Learned counsel for the State on the other hand produced the case diary and placed the post mortem report and submitted that suicidal death has been ruled out by the post mortem report findings and there are allegations regarding demand of dowry against petitioners nos. 1 and 2. He however, fairly submitted that there is no such clinching material against petitioner no.3 Smt. Mina @ Minakhi Patra demanding any dowry or subjecting the deceased to torture in connection with any demand of dowry.

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Considering the submission made by the learned counsel for the respective parties, while not inclining to release the petitioner nos.1 and 2 on anticipatory bail, in view of the available materials on record against petitioner no.3 Smt. Mina @ Minakhi Patra and keeping in view the proviso to section 437(1) of Cr.P.C., I am inclined to release her on anticipatory bail. Accordingly, this Court directs that in the event of arrest of petitioner no.3 Smt. Mina @ Minakhi Patra in connection with the aforesaid case, she shall be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that she shall make herself available for interrogation by the I.O. as and when required and she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing

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any facts to the Courts or to the Investigating Officer. Violation of any of the above conditions shall entail cancellation of bail. The ABLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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…………………..…… S.K. Sahoo, J.

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PKSahoo

Narahari Parida v. State of Odisha

Case brief

What is this about?

What did the court decide?

Narahari Parida v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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