Disposed

Suchitra Bisoyi @ Mohanty v. State of Odisha

Orissa HC8 Aug 2024ABLAPL/5170/2024

Case brief

AI extract

What is this about?

Anticipatory bail application for an offence under Sections 304-B, 302, 506/34 IPC and Section 4 Dowry Prohibition Act. The court declined anticipatory bail but granted liberty to surrender within 21 working days, with bail to be considered the same day by the Magistrate or higher forum.

What did the court decide?

No anticipatory bail granted; liberty to surrender within 21 working days with same-day bail consideration by Magistrate or higher forum on record-based parity principles.

Suchitra Bisoyi @ Mohanty Vs State of Odisha — Dowry and Cruelty | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5170 of 2024

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Suchitra Bisoyi @ Mohanty

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..... Petitioner

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Represented By Adv. - Amaresh Chandra Samal

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-versus-

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State Of Odisha

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..... Opposite Party

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Represented By Adv. – S.S.Mohapatra, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

08.08.2024

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

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Heard learned counsel for both the parties and perused the records.

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The Petitioner is apprehending arrest for the alleged commission of offence under Sections 304-B,302 and 506 read with section 34 of Indian penal Code and U/s. 4 of the D.P.Act in G.R.Case No.559(A) of 2018 of the Court of the learned J.M.F.C., Aska, arising out of Aska P.S.Case No.294 of 2018.

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Although the petitioner had earlier approached this Court by filing ABLAPL No.4589 of 2022, however a coordinate bench of this Court had earlier disposed of the same vide order dated 05.08.2022 by directing to the petitioner to surrender and move an application for bail. Learned counsel for the petitioner further contended that in the meantime the trial has been split up against other co-accused persons and evidence has been recorded in the meantime. Further referring to

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Page 1 of 2.

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the evidence of some of the witnesses which have been recorded in the meantime, learned counsel for the petitioner submitted that none of the witnesses have stated anything with regard to the present petitioner.

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Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner.

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However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned J.M.F.C., Aska in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

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Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

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The ABLAPL is accordingly disposed of.

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Issue urgent certified copy of the order as per Rules.

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( A.K Mohapatra )

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Judge

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Rubi

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Signature Not Verified

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta Page 2 of 2. ck Date: 08-Aug-2024 18:59:15

Suchitra Bisoyi @ Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Suchitra Bisoyi @ Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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