Single judge order granting bail to a husband accused under sections 498-A, 304-B, 306/34 IPC and Section 4 Dowry Prohibition Act regarding deceased wife's suicide, considering lack of clinching material and custody period.
Petitioner released on bail on furnishing a bond of Rs. 20,000 with two local solvent sureties for the same amount.
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BLAPL No. 5346 of 2020
RAJAT KESHARI MISHRA � PETITIONER
-VERSUS-
05. 17.11.2020
STATE OF ODISHA
... OPP.PARTY
The matter is taken up through Video Conferencing.
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 Banpur P.S. Case No.195 of 2020 corresponding to G.R. Case No.286 of 2020 pending in the Court of learned J.M.F.C., Banpur for alleged commission of offences under sections 498-A, 304-B, 306/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.
The petitioner moved an application for bail before the Court of Asst. Sessions Judge, Banpur, which was rejected on 30.07.2020.
Learned counsel for the petitioner submitted that the petitioner is the husband of the deceased Anita Mishra and he is in judicial custody since 19.06.2020 and he has been charge sheeted under sections 498-A, 304-B, 306/34 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 a love marriage, which was solemnized on 07.04.2016 and they were blessed with a child, who was two years at the time of occurrence, which took place on 19.06.2020 and it is a case of suicidal hanging and no other external injury except a ligature mark around the neck was noticed on the person of the deceased. Learned counsel further submitted that there is no clinching material available on record against the
petitioner to show that he abetted the commission of suicide of the deceased and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State on the other hand placed the statement of Satya Narayan Mohapatra, the informant, who is the father 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 deceased committed suicide, post mortem report findings and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000/-(rupees twenty 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
2 issues framed by the court
Whether the petitioner is eligible for bail under section 439 Cr.P.C. in a case involving alleged abetment of suicide under IPC 306 read with 304-B and 498-A.
Whether bail should be granted considering the nature of the offence and the duration of judicial custody.
3 provisions across 3 enactments
RAJAT KESHARI MISHRA
STATE OF ODISHA
S.K. Sahoo
As recorded by the court registry
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