The High Court granted bail to a petitioner accused of his wife's death under IPC 302, 304B, 498-A, and DP Act 4. Finding no clinching material linking the petitioner to the death post-delivery, the court released him on a bail bond.
Petitioner released on bail by furnishing a bond of Rs. 50,000 with two local solvent sureties each for the like amount.
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BLAPL No. 1152 of 2020
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MRUTYUNJAY DHAL
PETITIONER
-VERSUS-
STATE OF ODISHA
... OPP.PARTY
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Basta P.S. Case No. 393 of 2019 corresponding to C.T. Case No. 871 of 2019 pending in the Court of learned J.M.F.C., Basta for offences punishable under sections 498-A, 304B, 302 /34 of the Indian Penal Code and section 4 of the D.P. Act.
The petitioner moved an application for bail before the learned 2nd Addl. Sessions Judge, Balasore, which was rejected on 04.02.2020.
Learned counsel for the petitioner submitted that the petitioner, who is the husband of the deceased Anjana Dhal, is in judicial custody since 09.12.2019 and he has been charge sheeted under sections 498-A, 304B, 302 /34 of the Indian Penal Code and section 4 of the D.P. Act. It is further submitted that the marriage between the petitioner and the deceased was solemnized ten months prior to the date of occurrence. He further submitted that the deceased suffered labour pain on
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21.11.2019 for which she was taken to the hospital and she delivered a son on 24.11.2019 and she was discharged from the hospital on 30.11.2019 and there is absolutely no material to show that there was any kind of torture given to the deceased after she delivered the child. Learned counsel further contended that on the date of occurrence also the deceased was breast feeding to her child and suddenly she died and no external injury was sustained by the deceased and in the post mortem report, the cause of death has been kept reserved awaiting chemical examination report of viscera and therefore, in view of the materials available on record, the bail application of the petitioner may be favourably considered.
Learned counsel for the State, on the other hand, produced the case diary and opposed the prayer for bail. He placed the statement of Adikanda Behera and fairly submitted that the post mortem report does not indicate any external injury on the person of the deceased.
Considering the submissions of the learned counsel for the respective parties, nature of accusation against the petitioner, surrounding circumstances under which the death took place, absence of any clinching material relating to the involvement of the petitioner in a case under section 302 of the Indian Penal Code and further taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.
BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
…………………..…… S.K. Sahoo, J.
PKSahoo
3 issues framed by the court
Whether bail should be granted to the accused charged with dowry death and causing death by culpable homicide in connection with the death of his wife.
Whether the nature of accusation and surrounding circumstances justify the release of the petitioner on bail.
Whether the absence of external injuries and reserved cause of death supports the grant of bail.
6 provisions across 3 enactments
Martyunjay Dhal
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
