Debi Prasad Mohanty Vs State of Odisha

F.I.R No.	Dated	Police Station	Case No. and Courts’ Name	Sections
290	07.04.2023	Dhenk anal Sadar	C.T. (S.S.). Case No.254 of 2023 corresponding to G.R. Case No.498 of 2023 pending in the Court of learned Additional Sessions Judge,Dhenkanal	Sections- 498(A)/304 (B)/406/201/3 4 of IPC read with section 4 of the D.P. Act

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This matter is taken up through a hybrid arrangement.

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The Petitioner, who is in custody in connection with Dhenkanal Sadar P.S. Case No. 290 of 2023, corresponding to C.T. (S.S.) Case No.254 of 2023 arising out of G.R. Case No.498 of 2023 pending in the Court of learned Additional

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Sessions Judge, Dhenkanal, registered for the alleged commission of offences under Sections-498(A)/304 (B)/406/201/34 of IPC read with Section-4 of the D.P. Act, has filed this petition seeking his release on bail.

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The brief fact of the case is that on 07.04.2023 at 10:30 A.M. the informant Siba Prasad Pattanaik ,filed a written report before the Bhapur Out Post, in the district of Dhenkanal that on 11.03.2023 her sister, Laxmipriya Pattanaik had married to one Debi Prasad Mohanty, of village Chandrashekharprasad, Jhumpudia, in the District of Dhenkanal. During marriage, as per demand of her sister's in-laws, his father gave Rs 1,00,000/-, gold ornament of 100 grams and other household articles. After 8 to 10 days of marriage, his sister’s husband Debi Prasad Mohanty, Sadananda Mohanty (father-in-law), Sarojini Mohanty (mother-in-law) and sister-in- laws demanded more dowry of Rs 2,00,000/- for which they tortured the informant’s sister both physically and mentally. His brother-in-law did not keep any relation with his sister and told not to continue any relation with his sister in future if more dowry is not met with. When the sister of the informant told this matter to him, he assured her sister that he would arrange the said money after a few days. But in the evening of 06.04.2023 the informant’s sister talked with him

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over the phone for half an hour, which his brother-in-law called to intimate him that his sister was in senseless condition and she is not waking up from the bed. The informant asked his brother-in-law to take her sister to the hospital for treatment and by the time when the informant arrived at the hospital, he found his sister dead and there is a ligature mark on her sister’s neck. All the ornaments of her sister were not there on her body while she was lying dead in the hospital. The informant alleges his brother-in-law and all of his brother-in-law’s family members to have killed his sister. Hence, this case.

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Learned counsel for the Petitioner submits that this Petitioner being the husband of the deceased has been falsely implicated in this case. He further submits that the death is purely suicidal one. One suicide note reveals that her marriage was solemnized against her will and therefore, she had committed suicide. He further submits that the Petitioner is in custody since 13.04.2023. Hence, he submits that the Petitioner may be enlarged on bail.

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Learned counsel for the State vehemently opposes the bail prayer of the Petitioner in view of the nature of allegations alleged against the Petitioner and his family members.

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Without delving into the intricacies of the case or the merits of the allegations, and in light of the facts and circumstances at hand, further taking into account the factum of release of co-accused on bail by this Court, this Court is of the view that the Petitioner should be granted bail by the learned court in seisin over the matter, subject to stringent terms and conditions. The conditions are as follows:-

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i. The Petitioner shall appear before the local Police Station on every Monday in between 10 A.M. to 1.00 P.M.

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ii. The Petitioner shall not indulge himself in any criminal offence while on bail;

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iii. The Petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner; and

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iv. The Petitioner, after the onset of monsoon (June, 2025 to August, 2025) shall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on Government land, community land, or private land in the possession of the Petitioner or his family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying the land for plantation.

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Violation of any of the above conditions shall lead to

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the cancellation of the bail.

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The I.I.C. of the concerned Police Station, in coordination with the local Forest Officer, shall monitor whether the Petitioner have planted the saplings or not.

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It is further made clear that the Petitioner shall file an affidavit after the plantation of the saplings before the local Police Station, assuring that he shall maintain those plants for two years.

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