Allowed

Sukanti Sahoo v. State of Odisha

Orissa HC31 Mar 2021BLAPL/7480/2020

Case brief

AI extract

What is this about?

Single judge granted bail to the parents-in-law of a deceased woman charged with dowry death and abetment of suicide, observing that no clinching material exists against them and considering their period of detention.

What did the court decide?

Aquited the petitioners on bail in connection with the case pending before the J.M.F.C., Odagaon, on furnishing bail bond of Rs.50,000 each with two local solvent sureties.

Sukanti Sahoo Vs State of Odisha — Dowry and Cruelty | Orissa HC (2021)

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BLAPL No.7480 of 2020

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1. Sukanti Sahoo

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2. Prahallad Sahoo

… Petitioners

-Versus-

State of Odisha

...

Opp. party

31.03.2021 The matter is taken up through Hybrid arrangement (video conferencing/ physical mode)..

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

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This is an application under section 439 of Cr.P.C. for grant of bail to the petitioners in connection with Odagaon P.S. Case No.168 of 2020 corresponding to G.R. Case No.244 of 2020 pending in the Court of learned J.M.F.C., Odagaon for alleged commission of offences under sections 498-A, 302, 304-B/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

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The petitioners moved an application for bail before the Court of Sessions Judge, Nayagarh, which was rejected on 07.10.2020.

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Learned counsel for the petitioners submitted that the petitioners are the parents-in-law of the deceased Jhilli Sahoo and they are in judicial custody since 26.08.2020 and they have been charge sheeted under sections 498-A, 302, 304-B/34 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

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petitioners, namely Golekha Bihari Sahoo and the deceased was solemnized on 06.03.2018 and the deceased sustained burn injuries on 11.08.2020 on account of gas stove explosion and thereafter, she was shifted to the hospital and while undergoing treatment at S.C.B. Medical College and Hospital, Cuttack, she expired on 22.08.2020 and the cause of death was septicemia on account of burn injuries. Learned counsel further submitted that there is no such clinching material available on record against the petitioners relating to the commission of the offence under section 302 or 304-B of the Indian Penal Code and therefore, the bail application of the petitioners may be favourably considered.

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Learned counsel for the State, on the other hand, has produced the case diary and placed the statement of the neighbour, namely, Runu Sahoo.

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Considering the submissions of the learned counsel for the respective parties, nature of accusation against the petitioners, surrounding circumstances under which the deceased sustained burn injuries, conduct of the petitioners while the deceased was undergoing treatment at the hospital and taking into account the period of detention of the petitioners in judicial custody, I am inclined to release the petitioners on bail.

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Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of

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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.

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…………………..…… S.K. Sahoo, J.

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PKSahoo

Sukanti Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sukanti Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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