Allowed

Prakash Behera @ Prakash Kumar Behera v. State of Odisha

Orissa HC25 Oct 2021ABLAPL/8199/2021

Case brief

AI extract

What is this about?

In a bail application under Section 438 Cr.P.C. arising from a dowry death case, the High Court granted interim relief allowing the petitioners to surrender within six weeks to secure bail, rejecting the need for immediate release but permitting police custody if they fail to comply.

What did the court decide?

Petitioners directed to surrender within six weeks to be released on bail; police empowered to execute warrant if they do not surrender.

Prakash Behera @ Prakash Kumar Behera Vs State of… — Matrimonial and Divorce | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.8165 of 2021

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…. Manjulata Behera.

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Petitioner

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-versus-

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State of Orissa

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…. Opposite Party

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ABLAPL No.8199 of 2021

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Order No.

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Prakash Behera @ Prakash Kumar …. Petitioner
Behera.
-versus-
….
State of Orissa Opposite Party
CORAM: JUSTICE S. PUJAHARI
ORDER
25.10.2021

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This matter is taken up through Hybrid mode.

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Though both the aforesaid ABLAPLs were posted to 27.10.2011, but those are listed today without any order from the Court. Hence, the Deputy Registrar (Judicial) in directed to make an enquiry in this regard as to how the cases were pre-poned without any specific order of this Court and furnish a report in this regard.

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However, the applications being under Section 438 of Cr.P.C. and listed today, so also the Case Diary being available, the same are taken up for hearing.

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Page 1 of 3

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// 2 //

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Both the aforesaid ABLAPLs having arisen out of same P.S. Case, i.e., Khurda P.S. Case No.246 of 2021, both are taken up together for hearing and are disposed of by this common order.

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The Petitioners apprehending their arrest in Khurda P.S. Case No.246 of 2021 corresponding to G.R. Case No.702 of 2021, pending in the court of the learned S.D.J.M., Khurda, registered for alleged commission of offences punishable under Sections 498-A, 304-B, 302/34 of IPC and Section 4 of the D.P. Act, have filed their respective ABLAPLs for their release on pre-arrest bail.

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

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The F.I.R. allegation discloses that the deceased was consistently tortured for non-fulfillment of the illegal demand of dowry by her husband and in-laws and ultimately she was done to death for such non-fulfillment of their illegal demand of dowry. However, on completion of investigation the police found that the deceased died of suicidal hanging and, as such, charge-sheet has been filed under Sections 498-A, 304-B and 306 of IPC read with Section 34 of IPC and Section 4 of the D.P. Act. No material is there to suggest that the petitioners’ release on bail shall have an adverse impact on a free and fair trial or that they shall abscond. Their custodial interrogation is also not required for collection of further evidence in this case.

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Learned counsel for the State, however, opposes the prayer for pre-arrest bail of the petitioners on the ground that the offence

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Page 2 of 3

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// 3 //

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alleged is heinous and serious in nature prescribing stringent punishment on conviction and incriminating materials are available against the petitioners.

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Regard being had to the aforesaid facts and submissions made, especially the nature of accusation, circumstances in which the offences stated to have been committed, factum of completion of investigation and it being not disputed that the Petitioners’ release on pre-arrest bail shall not be an hindrance to a free and fair trial, this Court directs that if the Petitioners surrender before the Court in seisin over the matter within six weeks hence and make a motion for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper.

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However, if the Petitioners do not surrender within the time stipulated, there is no impediment on the part of the police to take them to custody and produce in the Court executing the non-bailable warrant issued or pending against them in the aforesaid case and in that event, the court concerned shall consider their prayer on its own merit.

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Both the ABLAPLs are, accordingly, disposed of being allowed.

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

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(S. Pujahari) Judge

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SKB/MRS

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Page 3 of 3

Prakash Behera @ Prakash Kumar Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prakash Behera @ Prakash Kumar Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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