Allowed

Parameswar Jena @ Chagala @ Chagalu v. State of Odisha

Orissa HC12 Aug 2020BLAPL/3139/2020

Case brief

AI extract

What is this about?

The High Court allowed an application for bail under Section 439 CrPC filed by a husband in a dowry death case where the wife committed suicide. Relying on the post-mortem report and lack of evidence proving an extramarital relationship, the court directed the petitioner's release on bail.

What did the court decide?

The petitioner was ordered to be released on bail by furnishing a bond of Rs.20,000 with two solvent sureties each for the same amount.

Parameswar Jena @ Chagala @ Chagalu Vs State of Odisha — Dowry and Cruelty | Orissa HC (2020)

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BLAPL No. 3139 of 2020

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Parameswar Jena @ Chagala @ Chagalu ……. Petitioner

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-Vrs.-

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State of Odisha ……. Opp. Party

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12.08.2020 This matter is taken up through Video Conferencing.

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

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This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.2276 of 2019 arising out of Bonth P.S. Case No.161 of 2019 pending in the Court of learned S.D.J.M., Bhadrak for offences punishable under sections 498-A/304-B/323/294/506/ 306 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

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The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Bhadrak which was rejected on 27.04.2020.

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Learned counsel for the petitioner submits that the petitioner is the husband of the deceased Anjana Jena and is in judicial custody since 04.12.2019 and he has been charge sheeted under sections 498-A/304-B/ 323/294/506/306 of the Indian Penal Code and section 4 of the Dowry Prohibition Act. It is further submitted that the marriage between the petitioner and the deceased was solemnized in the year 2015 and they were blessed with a son and the prosecution case is that the deceased suspected that the petitioner was having an extra marital

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relationship with some lady and that is how she committed suicide by consuming poison and no external injury was noticed on the person of the deceased. Learned counsel further submits that there is no clinching material available on record with whom the petitioner had got extra marital relationship and therefore, the bail application may be favourably considered.

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Learned counsel for the State on the other hand produced the case diary opposed the prayer for bail and submitted that the dissension arose between the petitioner and his wife and a compromise was affected and thereafter the deceased committed suicide.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the post mortem report finding and absence of any clinching material relating to the extra marital relationship of the petitioner and also 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.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

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The BLAPL is accordingly disposed of.

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Urgent certified copy of this order is granted on proper application.

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sisir

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…………………..…… S.K. Sahoo, J.

Parameswar Jena @ Chagala @ Chagalu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Parameswar Jena @ Chagala @ Chagalu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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