Allowed

Kuber Mohanty v. State of Odisha

Orissa HC11 Aug 2021ABLAPL/9817/2019

Case brief

AI extract

What is this about?

High Court of Orissa granted anticipatory bail to petitioners, parents-in-law of deceased in a dowry death case, directing surrender within four weeks for regular bail release, conditioned on no threat to witnesses, distinguishing their non-culpability from husband's bail.

What did the court decide?

Directs that if petitioners surrender within four weeks, they shall be released on bail on terms fixed by the court in seisin, subject to non-threatening conditions, and anticipatory bail application

Kuber Mohanty Vs State of Odisha — Cheque Dishonour | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.9817 of 2019

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Kuber Mohanty & Another

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-versus-

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State of Odisha

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…. Petitioners Mr.J.Behera,Advocate …. Opposite Party Mr. K.K.Das, ASC

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CORAM: MR. JUSTICE D.DASH ORDER 11.08.2021 Order No. 04. 1. This matter is taken up through hybrid arrangement (virtual/physical mode). 2. The Petitioners apprehending their arrest in connection with Banpur P.S. Case No.143 of 2019 corresponding to G.R. Case No.187 of 2019 running for commission of offence under section 498-A/323/294/304-B/302/34/120-B of the IPC read with section 4 of D.P. Act, have filed this application under section 438 of the Cr.P.C. for release on bail in the event of their arrest.

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Learned counsel for the Petitioners submits that the Petitioner, who happens to be the parents-in-law of the deceased, have been unnecessarily arraigned in the case on the allegation that they were joining hands with their son in torturing the deceased, which have been stated in an omnibus

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manner without citing any particular instance assigning specific role to the Petitioners therein. He further submits that the husband of the deceased being arrested in the case has been released on bail by order dated 26.11.2019 passed by this Court in BLAPL No.7778 of 2019. It is his submission that the deceased died due to intake of poison, when no such external injuries have also been noticed to draw any other inference of physical torture some time before the incident. In view of all these above, he urges for grant of anticipatory bail to the Petitioners.

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Learned counsel for the State submits that the Petitioner being the parents-in-laws, on the face of the allegations as to demand and torture on account of non-fulfillment of the same when the death has taken place within a period of seven years of marriage that to not under normal circumstance, the culpability of these Petitioners stands by attraction of available the presumption under section 113A/113B of the Evidence Act. 5. 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 and in the absence of any other impediment, it is directed that in the event the Petitioners surrender before the court in seisin of the aforesaid case within four weeks 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 accordingly disposed of.

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Issue urgent certified copy as per rules.

(D.Dash)

Basu

Judge

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Kuber Mohanty v. State of Odisha

Case brief

What is this about?

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Kuber Mohanty v. State of Odisha

Case brief

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