Allowed

Golekha Chandra Jena v. State of Odisha

Orissa HC7 Dec 2021ABLAPL/7146/2021

Case brief

AI extract

What is this about?

Petitioners filed a petition seeking release on pre-arrest bail in a dowry-related matrimonial case where the deceased allegedly committed suicide years after marriage. This court granted bail despite prosecution allegations of cruelty, finding no hindrance to investigation and noting the petitioners were not present at the time of occurrence.

What did the court decide?

Directed that the Petitioners be released on bail by the Officer effecting arrest on terms and conditions deemed just and proper, subject to cooperation with investigation.

Golekha Chandra Jena Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.7146 of 2021

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Golekha Chandra Jena & others …. Petitioners

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-versus-

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…. State of Odisha Opposite Party

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CORAM:

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THE JUSTICE S.PUJAHARI

ORDER

Order No.

07.12.2021

This matter is taken up through Hybrid mode.

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The Petitioners apprehending their arrest in Rajanagar P.S. Case No.239 of 2021 registered for alleged commission of offence punishable under Sections 498-A/302/34 IPC and Section 4 of the D.P Act have filed this petition for their release on pre-arrest bail.

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

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The allegation of the prosecution is that the Petitioners along with the husband of the deceased meted the deceased with cruelty for non-fulfillment of their illegal demand of dowry and she was done to death by her husband and in-laws. However, during the investigation, it came to the light that the cause of the death was hanging while she was in the company of her husband. One of the witnesses i.e. son of the deceased has stated that there was a dispute between his father and mother as his father had more attachment towards his brother

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and sister and in one occasion, his father had lent Rs.1 lakh to the brother for marriage expenses of his daughter, the deceased having made a protest of the same, his father physically assaulted the deceased. Thereafter, both of them slept together in another room and it is stated that in the night the deceased committed suicide. Investigation in this case is still continuing. But the Petitioners were not there at the time of occurrence. The aforesaid incident occurred about 14 years after the marriage. The Petitioners were in-laws and they were not present at the time of occurrence, as submitted by the learned counsel for the State. So also post-mortem report of the deceased reveals that the deceased died due to asphyxia arising out of hanging.

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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 also it being not disputed that the Petitioners’ release on pre-arrest bail shall not be an hindrance to a free and fair investigation, this Court is of the view that the Petitioners have made out a case for their release on pre-arrest bail, more particularly when they are ready and willing to cooperate with the investigation and they have no chance of absconding and/or tampering with the prosecution evidence, if released on prearrest bail.

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Hence, this Court directs that in the event of arrest of the Petitioners in connection with the aforesaid case, they be

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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 Petitioners shall cooperate with the investigation. 8. 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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PKS

Golekha Chandra Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Golekha Chandra Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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