Shiba Prasad Swain Vs State of Odisha

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.1145 of 2024

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Naba Kishsore Swain …. Petitioner

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Mr. A. Mohanty, Sr. Advocate

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-versus-

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….
State of Odisha Opp. Party
Mr. S. Patra, ASC
ABLAPL No.308 of 2024
Anita Swain …. Petitioner
Mr. A. Mohanty, Sr. Advocate
-versus-
….
State of Odisha Opp. Party
Mr. S. Patra, ASC
ABLAPL No.309 of 2024

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Kumudini Swain

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…. Petitioner

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Mr. A. Mohanty, Sr. Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. S. Patra, ASC

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ABLAPL No.572 of 2024

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Shiba Prasad Swain …. Petitioner

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Mr. A. Mohanty, Sr. Advocate

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-versus-

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…. State of Odisha Opp. Party Mr. S. Patra, ASC

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CORAM: JUSTICE CHITTARANJAN DASH

ORDER

Order No.

01.03.2024

Heard learned Counsel for the Petitioners and the State.

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By means of this application, the Petitioners seek grant of bail U/s. 438 of CrPC in apprehension of arrest for their alleged involvement in the offences U/s. 498-A/302/201/34 of IPC.

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Mr. Mohanty, learned Senior Advocate submitted that the FIR in this case seems to be an afterthought and based on a concocted story in as much as the statement of the witnesses recorded under Section 161 of CrPC reveals that the Informant having received the information regarding the death of her daughter came to the matrimonial house of the deceased along with her brother-in-law and it is only at her instance that the body was cremated without being referred to post mortem. He further submitted that by the time the incident occurred, the brother-in-law and sister-in-law who are already leaving separately were also away from their house. The

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deceased along with her husband and the mother-in-law were living in one mess and there is only material to the fact that the bride and bride-groom who were leading a blissful married life, on the very day of the incident in the morning had hot exchange of words and altercation between them and the husband had given two slaps to his wife which might be the reason for the victim to commit suicide being humiliated. It is also submitted by the learned counsel for the Petitioner that the husband has already been taken to custody and in the entire incident there is neither any element of cruelty being inflicted to the deceased from any other source much less to say about the Petitioners and the death having been arising out of an asphyxia consistent with hanging, the offence under Section 302 of IPC cannot be attributed to the case and the Petitioners being no way connected to the alleged incident, they may be released on bail.

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The learned counsel for the State on the other hand opposed the bail application of the Petitioner and placed the Case Diary.

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Perusal of the case record reveals that the offence under Section 302 of IPC is yet to be turned to one under Section 306 IPC besides other offences. The husband having arrested forwarded to the court in the offence under Section 498-A/302/201/34 of IPC. Though there is material to infer that the offence may turn to one under Section 306 of IPC in place of Section 302 of IPC, the investigating agency is yet to bring the same on record.

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As seen from the case record, the brother-in-law and sister-in-law of the deceased were living in separate mess prior to the incident and were not present at the time of incident. The Parents-in-law of

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the deceased were admittedly in the house in same mess and there is material prima facie to show that the death of the deceased to have taken place otherwise than under normal circumstance being subjected to cruelty for demand of dowry soon before her death.

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Having regard to the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences while this Court is not inclined to grant anticipatory bail in respect to the Petitioner ABLAPL 309 of 2024, and ABLAPL 1145 of 2024 being the mother-in-law Kumudini Swain and Naba Kishore Swain, it is directed that in the event Anita Swain and Shiba Prasad Swain, the Petitioners in ABLAPL No.308 of 2024 and 572 of 2024 repetitively surrender and move for bail in connection with Begunia PS Case No.440 of 2023 corresponding to GR Case No.1279 of 2023 pending in the court of learned JMFC, Begunia within a period of three weeks hence, they shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court.

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As far as father-in-law and mother-in-law, Naba Kishore Swain and Kumudini Swain respectively are concerned, their prayer for pre-arrest bail stands rejected. The ABLAPL is disposed of accordingly.

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(Chittaranjan Dash) Judge

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Signature Not Verified

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Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: Sr. Stenographer Reason: Authentication AKPradhan Location: HIGH COURT OF ORISSA Date: 07-Jul-2025 17:59:41

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Shiba Prasad Swain v. State of Odisha

Case brief

What is this about?

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Shiba Prasad Swain v. State of Odisha

Case brief

What is this about?

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