Dismissed

Muna @ Rakesh Kumar Panda v. State of Odisha

Orissa HC14 Oct 2020BLAPL/2378/2020

Case brief

AI extract

What is this about?

This bail application under section 439 Cr.P.C. was dismissed. The Court refused bail in a murder and cruelty case before discharge, citing the gravity of the accusation and the nature of bride-burning. The petitioner is directed to renew the prayer after material witness examination.

What did the court decide?

Petitioner denied bail; liberty to renew prayer after examination of material witnesses in trial court.

Muna @ Rakesh Kumar Panda Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2020)

¶1

BLAPL No. 2378 of 2020

¶2

MUNA @ RAKESH KUMAR … PETITIONER PANDA

-VERSUS-

STATE OF ODISHA

... OPP.PARTY

14.10.2020 The matter is taken up through Video Conferencing.

¶7

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

¶8

This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Khandagiri P.S. Case No. 465 of 2017 corresponding to Crl. T.R. No.34 of 2018 pending in the Court of learned Addl. Sessions Judge, Bhubaneswar for alleged commission of offences under sections 498-A, 304-B, 302 of the Indian Penal Code and section 4 of the D.P. Act.

¶9

The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge, Bhubaneswar by order dated 10.02.2020.

¶10

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 17.10.2017 and he has been charge-sheeted under sections 498-A, 304B, 302 of the Indian Penal Code and section 4 of the D.P. Act. He further submitted that the petitioner and the deceased Laxmi Panda @ Mama were in love with each other and the deceased eloped with the petitioner and

¶11

then in presence of both the family members, they got married in a temple, which was two years prior to the date of occurrence. It is further submitted that there is absolutely no material relating to the involvement of the petitioner in a case under section 302 of the Indian Penal Code and rather the materials indicate that the petitioner accompanied the deceased to the hospital when she sustained burn injuries and therefore, the bail application of the petitioner may be favourably considered.

¶12

Learned counsel for the State on the other hand placed the statements of the neighbours, who have implicated the petitioner in the alleged crime. He further submitted that the materials on record further indicate that the petitioner was taking liquor and demanding dowry and torturing the deceased and on the date of occurrence i.e. 16.10.2017, there was a quarrel between the husband and the wife and the neighbours saw smoke coming out of the house of the petitioner and they found that the petitioner and the deceased were present and the petitioner also made extra judicial confession before them that he set fire to the deceased.

¶13

Learned counsel for the petitioner submitted that two witnesses have been examined so far in the trial Court and they have not supported the prosecution case.

¶14

Be that as it may, since it is a case of bride burning, in view of the materials available on record and the nature and gravity of accusation, I am not inclined to release the petitioner on bail.

¶15

However, the petitioner is at liberty to renew his prayer for bail after examination of the material witnesses in the trial Court. The learned trial Court shall make every endeavour to expedite the trial and steps shall be taken to examine the material witnesses first.

¶16

The BLAPL is accordingly disposed of.

¶17

…………………..…… S.K. Sahoo, J.

¶18

PKSahoo

Muna @ Rakesh Kumar Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Muna @ Rakesh Kumar Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jitu @ Jitendra Sethi Vs State of Odisha

Rasmiranjan Samantaray Vs State of Odisha

Sanjib Kumar Parida Vs State of Odisha

Janmajay Kumar Vs State of Odisha

Balaram Mallick Vs State of Odisha

Daini Nahak @ Daini Naik Vs State of Odisha