Allowed

Ranjan Maharana @ Nanda v. State of Odisha

Orissa HC6 Nov 2021BLAPL/7895/2021

Case brief

AI extract

What is this about?

This bail application under Section 439 Cr.P.C. was allowed after the High Court of Orissa noted that the investigation was over, the petitioner had faced nearly five months of detention, and the allegations involved petty issues rather than continuous dowry harassment. The court granted bail with specific conditions.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 40,000 with one solvent surety of Rs. 40,000, conditionally not to terrorize or influence witnesses.

Ranjan Maharana @ Nanda 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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BLAPL No. 7895 of 2021

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Ranjan Maharana @ Nanda

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Petitioner

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Mr.Deepak Sahoo, Advocate

-versus-

State of Odisha

Opposite Party

Mr.P.K.Mohanty , ASC

CORAM:

JUSTICE R.K.PATTANAIK

Order No.

ORDER

06.11.2021

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

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This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Rajnagar P.S. Case No.270 of 2021 corresponding to G.R. Case No. 318 of 2020 pending in the court of learned N.G.N.-cum-J.M.F.C., Rajnagar, District- Kendrapara.

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Perused the F.I.R., other documents and the impugned order dated 16.07.2021.

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The complainant lodged F.I.R. alleging therein that the petitioner and in laws of the victim tortured the deceased demanding t dowry of Rs.1,00,000/- and on 12.06.2021, she was informed that her daughter was missing and alleged that the accused persons killed her. After the F.I.R. was lodged, Rajnagar P.S. Case 270 was registered and thereafter, the petitioner was arrested.

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Learned counsel for the petitioner submits that the accused has been charge sheeted for offences punishable under Section(s) 498-A/306/406/34 IPC, though, initially F.I.R. was lodged and a case under Section 302/304-B IPC was registered and considering the surrounding circumstances and period of detention since 15.06.2021, he should be enlarged on bail.

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Learned counsel for the State contended that the petitioner and other accused persons have been alleged of subjecting the deceased to mental and physical torture and apparently, she claimed to her jumped before a running train and died. It is admitted that the petitioner is now charge sheeted under Section(s) 498-A/306/406/34 IPC.

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Perused a copy of the charge sheet filed in Court today by the learned counsel for the petitioner. Though there is allegation of dowry demand and mental and physical torture being subjected to the deceased but in course of investigation, it was revealed by the I.O. that the parties were quarrelling over petty issue and the victim was tortured mentally and physically and once, she had attempted to commit suicide. The other accused persons who are in-laws of the deceased stand charge sheeted under Section(s) 498-A/406/34 IPC.

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From the materials on record, it is made to suggest that the deceased out of desperate and frustration and because of being not in good terms with the petitioner, committed suicide. No reference appears regarding continuous demand of dowry though the deceased was found to be not treated well over an inter family dispute vis-à-vis her parental house.

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Having regard to the above facts and surrounding circumstances and keeping in view the fact that the investigation

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Page 2 of 2

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is over and also the period of detention which is nearly five months by now, the Court is of the considered view that the petitioner should be released on bail with conditions.

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In the result, it is directed that the petitioner be released on bail on furnishing a bail bond of Rs.40,000/(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below in seisin over the matter with a condition that he shall not terrorize or influence the complainant and other material witnesses, while on bail.

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The BLAPL is accordingly disposed of.
11. An urgent certified copy of this order be issued as per
rules.
(R.K.Pattanaik)
km Judge

Ranjan Maharana @ Nanda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ranjan Maharana @ Nanda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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