Allowed

Patitapaban Shanti v. State of Odisha

Orissa HC8 Jun 2021ABLAPL/1422/2021

Case brief

AI extract

What is this about?

High Court granted anticipatory bail to father-in-law and sister-in-law accused in dowrydeathcase. Bail conditional on surrender within four weeks, no threat to witnesses, and subsequent courts imposing just terms.

What did the court decide?

Petitioners shall be released on bail on surrender before court in seisin within four weeks on terms fixed by that court, subject to no threat/terrorising witnesses.

Patitapaban Shanti Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2021)

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ABLAPL NO.1422 OF 2021

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08.06.2021 The petitioners having been implicated in

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Ramachandrapur P.S. Case No.16 of 2021 corresponding to G.R. Case No.165 of 2021 running for the alleged commission of offence under section 498-A/304-B/302/34 of the IPC and section 4 of D.P. Act, pending in the Court of the learned S.D.J.M., Jajpur, have filed this application under section 438 Cr.P.C. for their release on anticipatory bail.

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Learned counsel for the petitioners submits that the

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petitioners are the father-in-law and sister-in-law of the deceased. It is his submission that simply on the basis of the general allegation that these petitioners were torturing and illtreating the deceased, they have been implicated in the case. It

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is his further submission that post mortem report discloses that the death is due to asphyxia resulting from ante mortem hanging. It is submitted that absence of any other external injury during post mortem examination also suggests that there was no such physical torture before the incident. According to him, the allegations as to demand of dowry in so

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far as these Petitioners are concerned is to the effect that they were joining others in that. In view of all these above, when there remains no scope on the part of the petitioners to flee from justice and the question of tampering the evidence does not arise; he urges for grant of bail to the Petitioners in the event of their arrest as according to him, their likely arrest and detention would serve no such useful purpose.

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Learned counsel for the State submits that with the standing allegations as to demand of dowry and torture upon the deceased the death having not taken place under normal circumstance that too within one and half years of marriage, prima facie presumption under section 113-A/113-B of the Evidence Act in so far as the complicity of these Petitioners is concerned stands drawn.

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Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding circumstances of the case as also concerning the petitioners; it is directed that in the event the petitioners surrender before the court in seisin of the aforesaid case within four weeks

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hence and move for their release on bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the said court with further condition that they will not threaten or terrorize the prosecution witnesses in any manner.

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Violation of any of the above condition(s) shall entail cancellation of bail.

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The ABLAPL is disposed of accordingly.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court’s Notice No.4587, dated 25^th March, 2020 as modified by Court’s Notice No.4798 dated 15^th April, 2021.

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……………………..

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D. Dash, J.

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Basu

Patitapaban Shanti v. State of Odisha

Case brief

What is this about?

What did the court decide?

Patitapaban Shanti v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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