Allowed

Kamalini @ Sampudi Ghadai v. State of Odisha

Orissa HC17 Nov 2021ABLAPL/3081/2021

Case brief

AI extract

What is this about?

This order grants pre-arrest bail to the petitioner, the mother-in-law of the deceased, in a case registered for dowry-related offences. The court held that while a prima-facie case existed under Section 304-B IPC, the petitioner was willing to cooperate, had no chance of absconding, and her release would not hinder the investigation.

What did the court decide?

The petitioner shall be released on bail by the arresting officer if arrested, subject to cooperation with investigation and no new graver offences.

Kamalini @ Sampudi Ghadai Vs State of Odisha — Dowry and Cruelty | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.3081 of 2021

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Kamalini @ Sampudi Ghadai

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Petitioner

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: JUSTICE S. PUJAHARI

Order No.

ORDER 17.11.2021

This matter is taken up through Hybrid mode.

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The Petitioner apprehending her arrest in Bhograi P.S. Case No.26 of 2021 registered for alleged commission of offence punishable under Sections 498-A, 323, 294, 302, 506, 304-B, 34 of I.P.C. 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 the learned counsel for the Petitioner and the learned counsel for the State.

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The prosecution allegation is that the deceased was done to death for non-fulfillment of illegal demand dowry by husband and in-laws. However, the investigation reveals that the deceased died consuming poison. Prima-facie no material is there to suggest that the deceased was administered poison by the Petitioner.

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Page 1 of 4

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Investigation has substantially progressed. The present petitioner is the mother-in-law.

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Drawing the notice of the Court to the aforesaid fact, learned counsel for the Petitioner would submit that the Petitioner deserves to be released on pre- arrest bail inasmuch as her implication in this case is false and concocted and she has no chance of absconding, if released on pre-arrest bail.

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Learned counsel for the State would submit does not dispute the fact that the allegation of dowry torture is omnibus in nature but submits that the deceased having died in consuming poison within seven years of her marriage, which is otherwise then circumstances the offence under Section 304-B, prima-facie made out. The investigation is pending. Possibility of the petitioner’s administering the poison also likely to come during the investigation. In such premises, it would be too premature to say that the petitioner being the mother-in-law is no way involved in the offence alleged. The offence being heinous and serious in nature, she does not deserve to be released on pre-arrest bail.

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On consideration of the aforesaid facts and submissions made, especially the nature and character of allegations, circumstances in which the petitioner is the mother-in-law has been indicated in this case and it being not disputed that the Petitioner’s release on pre-arrest bail shall not be an hindrance to a free and fair investigation, this Court is of the view that the Petitioner has made out a case for her release on pre-arrest bail, more particularly when she is ready and willing to cooperate with the investigation and she

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Page 2 of 4

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has no chance of absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail notwithstanding a prima facie allegation of 304(B) I.P.C is there against her.

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Hence, this Court directs that in the event of arrest of the Petitioner in connection with the aforesaid case, he be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.

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However, the aforesaid order is subject to the condition that the Petitioner shall cooperate with the investigation and no other graver offence is reported against the Petitioner besides the aforesaid offences.

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The ABLAPL is, accordingly, disposed of being allowed.
11. Urgent certified copy of this order be granted on proper
application.
(S. Pujahari)
Judge

MRS/SKB

Page 3 of 4

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On consideration of the facts and submission made especially the fact that the case was registered on 27.01.2021 and in the meantime more than

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eleven months have been elapsed, so also the materials come on record deceased died consuming poison, even if prima-facie an allegation is dowry torture prima-facie the allegation is under Section 304-B is available in this case.

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Kamalini @ Sampudi Ghadai v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kamalini @ Sampudi Ghadai v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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