Allowed

Benga Mahanta v. State of Odisha

Orissa HC8 Nov 2021ABLAPL/13257/2021

Case brief

AI extract

What is this about?

Justice S. Pujahari allowed a bail petition filed by the second wife apprehending arrest in a Sukinda police case involving her sister-in-law's death by poisoning. The court held there was no prima facie case for murder against the petitioner and granted her release on bail with conditions to cooperate.

What did the court decide?

The petitioner to be released on bail if arrested, on such terms and conditions as deemed just and proper, including cooperation with investigation.

Benga Mahanta Vs State of Odisha — Domestic Violence | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.13257 of 2021

Benga Mahanta

…. Petitioner

-versus-

State of Odisha

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…. Opposite Party

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CORAM: THE JUSTICE S.PUJAHARI

ORDER

Order No.

08.11.2021

This matter is taken up through Hybrid mode.

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The Petitioner apprehending her arrest in Sukinda P.S. Case No.163 of 2021 registered for alleged commission of offence punishable under Sections 498-A/302/34 IPC read with Section 4 of the D.P Act has filed this petition for her release on pre-arrest bail.

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

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The learned counsel for the State submits that the investigation reveals that the husband of the deceased used to torture and assault his wife and also did not extend the love and affection as required to be extended to a wife, but he extended more love and affection to the present Petitioner, who happens to be the second wife. When on the date of death of the deceased, she was again assaulted, the same being unbearable

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Page 1 of 3

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to her, she consumed poison and vomited under the jackfruit tree. However, the Petitioner along with her husband were though present there but did not take any steps to take her to hospital. Seeing the same when one of the co-villagers intervened and asked them to do the needful for her survival, the husband shifted the deceased to the hospital where she died. 5. No specific overt act has been alleged against the Petitioner. The Petitioner is the second wife. The Petitioner and the deceased were living under the same roof with their husband. However, the aforesaid incident having occurred, the allegation of the offence under Section 302 IPC has been lodged against the present Petitioner. The material as placed by the learned counsel for the State till date, no prima facie material has been collected under Section 302 IPC against the present Petitioner. So also no specific allegation is there against the Petitioner as revealed from the statement of the villagers.

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Considering the facts and the submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed and the available materials as placed by the learned counsel for the State from the record and least is the chance of her absconding on being enlarged on pre-arrest bail, coupled with the fact that she is ready and willing to cooperate with the investigation and the Petitioner has a breast feeding child as submitted by the learned counsel for the State, this Court directs that in the event of arrest of the Petitioner in connection with the aforesaid case, she be released on bail by the Officer

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effecting arrest on such terms and conditions as deemed just and proper including the condition that the Petitioner shall cooperate with the investigation.

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The ABLAPL is, accordingly, disposed of being allowed.

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Urgent certified copy of the order be granted on proper application.

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(S. Pujahari) Judge

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PKS

Benga Mahanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

Benga Mahanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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