Allowed

Krushna Priya Satapathy v. State of Odisha

Orissa HC6 Sept 2022BLAPL/11294/2021

Case brief

AI extract

What is this about?

High Court at Cuttack granted bail to a mother-in-law charged with dowry death and culpable homicide. The court noted lack of evidence against the petitioner, a doctor's opinion of suicide, and her status as a woman to apply leniently.

What did the court decide?

Prayer for bail allowed; petitioner released on bail on furnishing bond of Rs. 25,000/- with one solvent surety and compliance with jurisdiction and attendance conditions.

Krushna Priya Satapathy Vs State of Odisha — Dowry and Cruelty | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.11294 of 2021

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Krushna Priya Satapathy …. Petitioner M/s. P.Mohanty, Advocate

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-versus-

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State of Orissa

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…. Opp. Party M/s. D.Nayak, A.G.A.

CORAM:

Order No.

JUSTICE G. SATAPATHY ORDER 06.09.2022

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This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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This is an application U/S. 439 of Cr.P.C. by the Petitioner for grant of bail in connection with Banpur P.S. Case No.45 of 2016 corresponding to G.R. Case No.73(A) of 2016 pending in the Court of learned J.M.F.C., Chilika for commission of offence punishable U/Ss. 498(A)/302/304(B)/34 of I.P.C. read with Section 4 of D.P. Act.

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In the course of hearing of the bail application, learned counsel for the petitioner submits that the petitioner is inside the custody since 14.11.2021 and in the meantime, a number of witnesses have been examined in this case but none has categorically stated against the petitioner about any demand of dowry made by her and the petitioner being the mother-in-law of the deceased has no role in the commission of crime and she, therefore, may be released on bail.

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On contrary, learned counsel for the State vehemently

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// 2 //

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contends and opposes the bail application of the petitioner.

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Considering the nature and gravity of allegations and keeping in mind the evidence of doctor wherein he opined the cause of death to be suicidal in nature in cross-examination and taking into consideration the pre-trial detention of the petitioner and her status being a lady and there being no material placed on record that the petitioner would abscond or tamper evidence, this Court considers her bail application leniently.

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Hence, the prayer for bail of the petitioner is allowed and the Petitioner be released on bail on furnishing bail bond of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the learned trial Court in seisin of the case on such terms and conditions as deem fit and proper with further conditions that the petitioner shall not leave the jurisdiction of the learned trial Court without prior permission till conclusion of the trial of the case and the petitioner shall attend the trial Court on each date of posting of the case unless her attendance is dispensed with by the learned trial Court.

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Accordingly, the BLAPL stands disposed of.

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

¶21

Kishore

Krushna Priya Satapathy v. State of Odisha

Case brief

What is this about?

What did the court decide?

Krushna Priya Satapathy v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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