Allowed

Raibari Mallik @ Mallick v. State of Odisha

Orissa HC5 Apr 2024BLAPL/345/2024

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a bail application under Section 439 Cr.P.C. filed by Raibari Mallik. The Court granted bail, directing an amount of Rs. 40,000 and conditions, finding the petitioner was away from the scene when the alleged offence occurred and her husband was intoxicated.

What did the court decide?

Bail granted on furnishing bond of Rs. 40,000 with two local solvent sureties and specific undertakings.

Raibari Mallik @ Mallick Vs State of Odisha — Domestic Violence | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.345 of 2024

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Raibari Mallik @ Mallick ..... Petitioner

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Represented By Adv. – Sarathi Jyoti Mohanty

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. – Mr. P.C. Das, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

05.04.2024

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

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Heard learned counsel appearing for the Petitioner and learned counsel for the State. Perused the materials placed before this Court.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with C.T Case No. 1263 of 2023, arising out of Bhatli P.S. Case No. 195 dated 16.08.2023, pending in the Court of learned SDJM, Bargarh for alleged commission of offence punishable under Sections 498-A/306/304B/406/34of the IPC and read with Section-4 of D.P Act.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the

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Page 1 of 4.

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learned counsel for the Petitioner that the Petitioner is in custody since 10.01.2024. Learned counsel for the Petitioner contended that in the meantime the investigation has been completed and the charge-sheet has been filed. Learned counsel for the Petitioner further referring to the record submitted that on the fateful day the Petitioner was not present at the spot of occurrence. He further contended that on the basis of the statement of the witnesses, the Petitioner was away from home and had taken the goats for grazing. It was also contended that the specific case of the prosecution is that the husband of the Petitioner forcibly administered poison to the victim. It was also contended that the husband of the Petitioner namely Siba was at the resident on the date of occurrence and he was in an intoxicated state. Although there are allegations of torture against the Petitioner, however the same does not have any nexus to the present crime. It was also contended that the present Petitioner after returning home immediately took the victim to the hospital with the help of the brother of the victim. Therefore, it was submitted that no motive for connection of the alleged crime can be attributed to the Petitioner. In such view of the matter, learned counsel for the Petitioner contended that the Petitioner be released on bail on any terms and conditions deemed fit by this Court.

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Learned counsel for the State on the other hand contended that there is evidence that the present Petitioner was torturing the victim and was asking her to bring more dowries. Therefore, the involvement of the present Petitioner in the case cannot be overlooked. He further contended that at this stage it cannot be conclusively said that the Petitioner was not involved in the alleged offence. He further contended that in the events the Petitioner is released on bail, there is a possibility that she may abscond which might cause delay in the trial.

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Page 2 of 4.

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Learned counsel for the State opposed the release of the Petitioner in view of the nature and seriousness of allegation made against the Petitioner. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts and circumstances as well as the materials on record and the statement of the witnesses recorded, this Court found that on the date of occurrence the Petitioner was away from home and at the same time that she was grazing her goats in the field. When she returned home she found the victim lying in an unconscious stage, thereafter, she along with the brother of the victim took to the victim to the hospital. Further the evidence on record shows that the husband of the Petitioner was present at the resident and he was in an intoxicated state. There are also material to show that the poison was administered by the husband, who is already in custody. In view of the aforesaid factual background, on the basis of the materials available on record, and on a consideration of the surrounding facts and circumstances, and the seriousness of the gravity of the allegations, and keeping in view the period of custodial detention of the Petitioner, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.40,000/- (Rupees Forty Thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. The release of the Petitioner shall also be subject to following conditions:-

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i) The Petitioner shall not be involved in any offence of similar nature;

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ii) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

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Page 3 of 4.

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S.K. Rout

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iii) shall not make any default in attending the court during trial on each date without fail;

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Violation of any of the terms and conditions shall entail cancellation of bail.

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The BLAPL is, accordingly, disposed of.

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( A.K. Mohapatra)

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Judge

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Page 4 of 4. Signature Not Verified

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Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 08-Apr-2024 12:29:38

Raibari Mallik @ Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Raibari Mallik @ Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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