Allowed

Tarjan Behera v. State of Odisha

Orissa HC11 Nov 2024BLAPL/4494/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the petitioner accused in a domestic violence case involving dowry death. The court observed that while six of fifteen witnesses were examined, the trial was still pending. Bail was granted with a bond and conditions to prevent tampering with witnesses and attending all court dates.

What did the court decide?

Bail allowed on furnishing bail bond of Rs. 50,000 with two solvent sureties each for Rs. 50,000 subject to specific conditions.

Tarjan Behera Vs State of Odisha — Dowry and Cruelty | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4494 of 2024

Tarjan Behera

.....

Petitioner

Represented By Adv. - Lambodor Achari

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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. –

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P. Satapathy, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA

ORDER

11.11.2024

Order No.

1. This matter is taken up through hybrid mode.

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The bail application under Section 439 of the Cr.P.C., 1973 filed by the petitioner arising out of Sorada P.S Case No.541 of 2023 in connection with G.R Case No.958 of 2023 corresponding to S.T. Case No.73 of 2024 pending in the Court of the learned Addl. Sessions Judge, Bhanjnagar, Ganjam is taken up into consideration.

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I have already heard from the learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

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The petitioner is facing trial in the Court of learned Addl. Sessions Judge, Bhanjnagar, Ganjam in S.T. Case No.73 of 2024 arising out of Sorada P.S. Case

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Page 1 of 4.

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No.541 of 2023 having been charged under Section 498-A, 494, 304-B & 306 of the IPC, 1860 read with Section 4 of the D.P. Act, 1961 on the allegation of commission of dowry death as well as abetment of suicide of his second wife (Santosini Behera).

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Santosini Behera committed suicide consuming poison on 30.11.2023 on account of the tortures of the petitioner upon her.

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The petitioner is in jail custody since 04.12.2023. During the staying of the petitioner inside the jail, the investigation of the case has already been completed and now the case against the petitioner is at the midst of trial.

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Learned counsel for the petitioner submitted for liberal consideration of bail of the petitioner contending that, he (petitioner) undertakes to remain present in each date of trial of the case without fail and he had cooperated with the investigation and he is also cooperating the trial and till yet 6 numbers of witnesses have already been examined, to which, the learned Addl. Standing Counsel opposed contending that, the offences committed by the petitioner against the society, for which, he (petitioner) should not be allowed to go on bail.

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When out of 15 numbers of charge-sheeted witnesses, only 6 numbers of witnesses have been examined and the petitioner is in custody since

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Page 2 of 4.

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04.12.2023 and when there is no certainty, when the trial will be completed, then, by taking the above factors into account, it is felt proper to allow the petitioner to go on bail.

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Therefore, the bail application filed by the petitioner is allowed.

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He (petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with conditions that :-

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(i) he (petitioner) shall not involve with similar nature of crime in future;

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(ii) he shall not terrorize, coerce, influence or threat the witnesses of the prosecution (those have not been examined as yet) including the informant and his family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case;

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(iii) he shall appear before the Trial Court personally in each date of adjournment of the case without fail; but in case of his failure to comply any of the aforesaid conditions, the court in seisin over the matter is authorized to cancel his bail order out-rightly without seeking any permission for the same from this Court.

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Accordingly, the bail application filed by the petitioner is disposed of finally.

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Page 3 of 4.

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Grant certified copy of this order to the petitioner on proper application.

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( ANANDA CHANDRA BEHERA) Judge

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Utkalika

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Signature Not Verified

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Digitally Signed Signed by: UTKALIKA NAYAK Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Nov-2024 18:04:59

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Page 4 of 4.

Tarjan Behera v. State of Odisha

Case brief

What is this about?

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Tarjan Behera v. State of Odisha

Case brief

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