Dismissed

Sauna Murmu v. State of Odisha

Orissa HC15 Mar 2023BLAPL/242/2023

Case brief

AI extract

What is this about?

The High Court of Orissa dismissed a bail application filed by an accused charged under multiple sections including POCSO, IPC, and Dowry Prohibition Act. The court rejected the prayer citing a victim statement regarding dowry demands and a life-threatening apprehension. The trial was remanded for expediting.

What did the court decide?

The bail application is rejected. The trial court is directed to expedite the trial.

Sauna Murmu Vs State of Odisha — Dowry and Cruelty | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.242 of 2023

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Sauna Murmu

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…. Petitioner

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Mr. P.K. Dutta, Advocate

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-versus-

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…. State of Odisha & another Opposite Parties Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

15.03.2023

Order No.

1. Learned counsel for the State, on instruction, submits that the notice has been served on the informant on 24.01.2023.

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

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The Petitioner is an accused in C.T. Case No.58 of 2021 pending on the file of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Baripada, Mayurbhanj, arising out of Rairangpur Town P.S. Case No.74 of 2021 for commission of the offence under Sections 363/366/376(2)(n)/376(3)/498-A/302/304B/34 IPC and Section 4 of the D.P Act and Section 6 of the POCSO Act and Section 9 of the PCM Act.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Court under POCSO Act, Baripada, Mayurbhanj, by order dated 04.01.2022 in the aforementioned case, the present BLAPL has been filed.

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Page 1 of 2

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It is submitted by the learned counsel that since trial has already commenced and 8 witnesses have already been examined and taking into account the tenor of their statements, the Petitioner may be released on bail.

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Learned counsel for the Petitioner relies on the injury report of the Petitioner accused indicating that it is in fact the Petitioner who had taken steps to save the victim but in spite of best efforts, the victim could not be saved and only because the victim was staying with him he has been arrayed as an accused without any complicity. For the same, the Petitioner has referred this Court to the statement of one neighbor P.W.8.

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Learned counsel for the State opposes the prayer for bail.

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This Court perused the statement of P.W.4 the mother of the victim. In her statement she has clearly stated that the victim had informed her that the accused persons were demanding dowry from the victim and non fulfillment of same she was apprehending danger to her life.

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Taking note of the said statement, this Court is not inclined to entertain this bail application at this stage.

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Accordingly, BLAPL stands rejected.

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Since the Petitioner is in custody since 26.04.2021, learned Court in seisin is called upon to expedite the trial.

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Registry is requested to communicate this order to the trial

court.

(V. NARASINGH)

Judge

PKS

Page 2 of 2

Sauna Murmu v. State of Odisha

Case brief

What is this about?

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Sauna Murmu v. State of Odisha

Case brief

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