Dismissed

Balakrushna Bariha v. State of Odisha

Orissa HC18 Dec 2023BLAPL/10084/2023

Case brief

AI extract

What is this about?

The High Court of Orissa considered a bail application in a murder case. Relying on a psychiatric report showing no active depression and a report indicating an eye-witness to the assault, the Court denied bail, observing the gravity of the allegations against the petitioner. The Court directed the trial court to complete the trial within four months.

What did the court decide?

Bail application dismissed. Trial court directed to complete trial within four months.

Balakrushna Bariha Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10084 of 2023

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Balakrushna Bariha

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Petitioner

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Ms.Kaberi Mohanty, Advocate

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vs.

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State of Odisha

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Opposite Party Mr.D.K.Mishra, AGA

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CORAM:

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JUSTICE SAVITRI RATHO

ORDER

18.12.2023

Order No.

(Through hybrid mode)

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This application under Section 439 of Cr.P.C. has been filed in connection with Larambha P.S. Case No.52 of 2018 corresponding to G.R. Case No.393 of 2018, pending in the Court of the learned Addl. Sessions Judge, Patnagarh under Section 302 of IPC.

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The prayer for bail of the petitioner had been rejected vide order dated 13.07.2022 passed by the learned Addl. Sessions Judge, Patnagarh.

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The report of the Psychiatrist, B.B.M.C.H., Balangir dated 31.10.2023 has been produced by the learned State Counsel. The report indicates that the petitioner was examined on 31.10.2023 and did not have any active depressive symptoms. It is also stated in the report that he is under treatment with Tab. Escitalopram (20 mg), one table at morning and Tablet Olanzapine (5 mg) at evening and he is maintaining well and his treatment needs to be continued.

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The prosecution allegation in brief is that on 16.07.2018, the petitioner has assaulted his wife-Kaifula Bariha with an axe and as a result of such injury she succumbed to her injuries.

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Page 1 of 1

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Ms. Kaberi Mohanty, learned counsel for the petitioner submits that there is no direct eye-witness to the occurrence and Hadu Sabar and Jaga Bariha who are post occurrence witness to the occurrence have not seen the occurrence and considering the period of custody of the petitioner, he should be released on bail.

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Mr. D.K.Mishra, learned Addl. Government Advocate opposes the prayer for bail and places the statement of Hadu Sabar from which it is apparent that on hearing a sound, he went to the spot and saw the petitioner assaulting the deceased and at that time son of the petitioner, Jaga Bariha also arrived at the spot. He become unconscious on seeing his mother lying in a pool of blood at the spot and was revived by his wife.

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Considering the nature of allegations against the petitioner, I am not inclined to release the petitioner on bail at this stage.

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It is open for the petitioner to move for bail in case there is delay in completion of the trial.

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The learned trial Court is requested to complete the trial within a period of four months.

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Urgent certified copy of this order be granted as per rules.

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Copy of this order be sent to the Court of the learned Addl. Sessions Judge, Patnagarh, forthwith.

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Bichi

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………………………... (SAVITRI RATHO) JUDGE

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Signature Not Verified

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Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 19-Dec-2023 15:10:28

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Balakrushna Bariha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Balakrushna Bariha v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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