The High Court of Orissa granted bail to the petitioner, father-in-law of a deceased woman, charged with dowry death and related offences (498-A, 304-B, 306 IPC). The court considered the post-mortem report, charge sheet, and period of detention.
Release the petitioner on bail on furnishing a bond of Rs. 50,000 with two local solvent sureties for the like amount.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.197 of 2021
Ramahari Sahu
…. Petitioner
Mr.J. Samantaray, Advocate
-versus-
State of Odisha …. Opp. Party
Mr. D.P. Pani Addl.Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
Order No.
ORDER 03.08.2021
The matter is taken up through Hybrid arrangement (video conferencing/ physical mode).. Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Hinjili P.S. Case No.401 of 2020 corresponding to G.R. Case No.351 of 2020 pending in the Court of learned J.M.F.C., Hinjilicut for alleged commission of offences under sections 498-A, 304-B, 306,406 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.
The petitioner moved an application for bail before the Court of Addl. Sessions Judge, Chhatrapur, Ganjam, which was rejected on 04.01.2021.
Learned counsel for the petitioner submitted that the petitioner, who is the father in-law of the deceased Rajeswari Sahoo, is in judicial custody since 10.11.2020 and he has been charge sheeted under sections 498-A, 304-B, 306, 406
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of the Indian Penal Code and section 4 of the Dowry Prohibition Act. It is further submitted that the marriage between the son of the petitioner, namely, Bhikari Sahoo and the deceased was solemnized on 20.04.2019 and the deceased died on 06.11.2020 and the cause of death of the deceased as per the post mortem report was due to suicidal hanging. He further submitted that the doctor has opined that the injury noticed on the neck of the deceased was possible by the ligature material, i.e., the saree, which was produced before him for examination and that the said saree had enough tensile strength to bear the weight of the body of the deceased. Learned counsel for the petitioner further submitted that there is no clinching material against the petitioner relating to his involvement in the crime and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State, on the other hand, has produced the case diary and opposed the prayer for bail. He placed the statements of Jamuna Sahoo and Bijay Kumar Sahoo, the parents of the deceased. He also placed the post mortem report.
Considering the submissions of the learned counsel for the respective parties, nature of accusation against the petitioner, the surrounding circumstances under which the deceased died, post mortem report findings and further taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.
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BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
PKSahoo
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2 issues framed by the court
Whether the petitioner is eligible for bail in a case alleging offences under Sections 498-A, 304-B, 306, 406 of the IPC and Section 4 of the Dowry Prohibition Act.
Whether the surrounding circumstances and period of detention justify granting bail.
3 provisions across 3 enactments
Ramahari Sahu
State of Odisha
S.K. SAHOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
