Dhobuni Padhiari v. State of Odisha

Orissa HC9 Aug 2024BLAPL/1618/2024

Case brief

AI extract

What is this about?

BLAPL No.1618 of 2024, High Court of Orissa (Justice Sibo Sankar Mishra, 09.08.2024): regular bail under Section 439 Cr.P.C. allowed to 70-year-old female petitioner accused with husband/in-laws in dowry death and abetment of suicide case (Sections 498-A, 304-B, 34, 306 IPC; Section 4 D.P. Act), Jharsuguda Sadar P.S. Case 255/2023; custody since 26.09.2023, chargesheet 26.11.2023, earlier bail rejected 02.02.2024; conditional bail on grounds of custody period, nature of accusation and advanced age.

What did the court decide?

Petitioner directed to be released on bail by the court in seisin of the matter on such terms and conditions as it deems just and proper, subject to the stated conditions; the BLAPL disposed of accordingly. ¶¶25

Dhobuni Padhiari Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 26.09.2023 in a case under Sections 498-A/304-B/34/306 IPC read with Section 4 D.P. Act and whose bail application was rejected by the Sessions Judge, Jharsuguda, should be enlarged on bail under Section 439 Cr.P.C.

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Court's answer

Considering the period of custody, the nature of accusation, and that the petitioner is a 70-year-old lady, the Court admitted the petitioner to bail.

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Ratio / Principle

Release on bail is subject to terms and conditions deemed just and proper by the trial court, including that the petitioner shall not tamper with the evidence and shall not involve in any similar type of offence.

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Key takeaways

Non-cooperation in investigation or violation of bail conditions shall entail cancellation of bail; prosecution is at liberty to move for cancellation before the court below if conditions are violated.ratio¶¶28

Detailed headnote1 paragraphs

Bail under Section 439 Cr.P.C. granted by the High Court of Orissa at Cuttack to Dhobuni Padhiari, a 70-year-old lady and mother-in-law of the deceased, arraigned in Jharsugda Sadar P.S. Case No.255 of 2023 (corresponding to C.T. Case No.1578 of 2023 and C.T. (Sessions) Case No.01 of 2024) under Sections 498-A/304-B/34/306 IPC read with Section 4 of the D.P. Act, arising out of the death of Buli Bariki on 24.08.2023. Investigation complete; charge sheet filed 26.11.2023; petitioner in custody since 26.09.2023; bail earlier rejected by the Sessions Judge, Jharsuguda on 02.02.2024. Bail allowed taking into account the period of custody, the nature of accusation and the petitioner's age, on conditions of not tampering with evidence and not committing similar offences, with liberty to the prosecution to seek cancellation for violation.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1618 of 2024

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Dhobuni Padhiari

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…. Petitioner

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Mr. A.K. Rout, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr. B.K. Ragada, Additional Government Advocate

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CORAM:

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JUSTICE SIBO SANKAR MISHRA

Order

No.

ORDER

09.08.2024

This is an application under Section-439 Cr.P.C.

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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 connection with Jharsugda Sadar P.S. Case No.255 of 2023 corresponding to C.T. Case No.1578 of 2023, further corresponding to C.T. (Sessions) Case No.01 of 2024 registered under Sections-498-A/304-B/34/306 of the IPC read with Section 4 of the D.P. Act pending in the Court of the learned Sessions Judge, Jharsuguda.

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The allegation in the F.I.R. is that, on 02.07.2020, the marriage of the informant’s daughter,

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namely, Buli Bariki, was solemnized with one Pramod Padhiari as per their caste, custom and rituals, and at the time of marriage, he had given the dowry articles to his daughter as per his capability. After the marriage, his daughter was subjected to physical and mental torture by the petitioner by demanding Rs.1 lakh as additional dowry. On the evening of 24.08.2023, he received information that the dead body of his daughter was hanging inside her in-laws’ house. After getting such information, the informant and his family members arrived there and saw that the legs of his daughter had touched with the ground. So, the informant alleged that the husband and in-laws’ had committed the murder of his daughter and hanged her by using a saree.

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The investigation has already been completed in this case and charge sheet had been filed on 26.11.2023. The petitioner has been in custody since 26.09.2023. The only allegation against the petitioner, who is the mother-in-law of the deceased, is that there had been a quarrel in the family on 24.08.2023. Hence, the deceased committed suicide. The deceased had taken Rs.23,000/- from the pocket of her husband. Therefore, she was humiliated by the present petitioner and the other family members. The petitioner alleges that the deceased had been threatening to kill herself. It is alleged that on such instigation, the deceased committed suicide.

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The petitioner had approached the learned Sessions Judge, Jharsuguda praying for grant of bail. The learned Court below vide its order dated 02.02.2024, rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

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Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court, except the present one.

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Taking into consideration the period of custody and the nature of accusation and the fact that the petitioner is a 70-year-old lady, I am inclined to admit the petitioner to bail. Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, further subject to the following conditions :

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(i) He shall not tamper with the evidence in any manner whatsoever;

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(ii) He shall not involve in any similar type of offence.

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Non-cooperation in the investigation and/or violation of any of the bail conditions shall entail cancellation of bail granted to the petitioner.

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The prosecution is given liberty to move an application for cancellation of bail before the Court

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below, if the petitioner violates any conditions of the bail granted to him.

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