Disposed¶19

Sabita Pradhan v. State of Odisha

Orissa HC20 May 2024ABLAPL/1645/2024

Case brief

AI extract

What is this about?

Odisha High Court, Justice Sashikanta Mishra, 20.05.2024, ABLAPL 1645/2024: anticipatory bail REFUSED in alleged dowry-death/poisoning case (IPC 498-A, 302, 304-B, 34; D.P. Act Sec. 4; Bidanasi P.S. Case 230/2023; G.R. Case 677/2023; J.M.F.C-III Cuttack). Application disposed of with direction: surrender and file regular bail the same day (first-hour disposal); if rejected, proceed to higher forum same day, records transmitted at applicant's cost.

What did the court decide?

Anticipatory bail not granted; liberty given to the petitioners to surrender before the court below and to move for bail, to be disposed of the same day in the first hour, with recourse to the higher forum on the same day upon rejection. ¶19

Sabita Pradhan Vs State of Odisha — Dowry and Cruelty | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioners who are apprehending arrest in connection with Bidanasi P.S. Case No. 230 of 2023 / G.R. Case No. 677 of 2023 for offences under Sections 498-A/302/304-B/34 of IPC and Section 4 of D.P. Act.

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Court's answer

Not inclined to grant anticipatory bail considering the nature of accusations and materials on record, this Court disposed of the ABLAPL granting the petitioners liberty to surrender before the court below and to move for regular bail, which shall be disposed of on the same day in the first hour.

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Ratio / Principle

In case of rejection of the bail application before the court below, it shall be open to the petitioners to move the higher forum on the same day; the records shall be transmitted at the petitioners' cost, and the higher forum shall also dispose of the bail application on the same day.

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Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Justice Sashikanta Mishra), ABLAPL No. 1645 of 2024, Order dated 20.05.2024: Two petitioners, in-laws of a deceased woman allegedly tortured for further dowry who died by consuming poison, apprehended arrest in Bidanasi P.S. Case No. 230 of 2023 / G.R. Case No. 677 of 2023 (J.M.F.C-III (Cog.Taking), Cuttack) under Sections 498-A/302/304-B/34 of IPC and Section 4 of D.P. Act sought anticipatory bail. The State counsel opposed, citing evidence of the petitioners' involvement in cruelty to the deceased. The Court declined anticipatory bail but disposed of the application granting liberty to surrender and apply for regular bail, to be dealt with the same day in the first hour; on rejection, the petitioners may approach the higher forum the same day, with records transmitted at their cost and same-day disposal there as well.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No. 1645 of 2024

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Sabita Pradhan And Anr

…. Petitioners

Mr. A.K.Das,

Advocate

-Versus -

State of Odisha …. Opposite Party Additional Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

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ORDER_ 20.05.2024

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Order No. 01.

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This matter is taken up through hybrid mode.

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

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The petitioners are apprehending arrest in connection with Bidanasi P.S. Case No. 230 of 2023 corresponding to G.R. Case No. 677 of 2023 pending in the Court of learned J.M.F.C-III (Cog.Taking), Cuttack for the alleged commission of offence under Sections 498-A/302/304-B/34 of IPC and Section 4 of D.P. Act.

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The petitioners are in-laws of the deceased who was married to their son. It is alleged that soon after the marriage, the deceased was subjected to several kinds of physical and material torture in connection with demand for further dowry. Ultimately, the deceased died by consuming poison. It is submitted that there are no allegations whatsoever against the petitioners and they have been falsely booked in the case on omnibus allegations.

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Learned State counsel has opposed the prayer for bail by submitting that there is clear evidence that the petitioners were also involved in subjecting the deceased to cruelty.

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Considering the nature of accusations and materials on record, while not being inclined to grant anticipatory bail, the ABLAPL is disposed of granting liberty to the petitioners to surrender before the court below and to move for bail, which shall be disposed of on the same day in the first hour. In case of rejection, it shall be open to the petitioners to move the higher forum on the same day, for which the records shall be transmitted at his cost. The higher forum shall also dispose of the bail application on the same day.

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