Pratap Kumar Behera Vs State of Odisha

The petitioner is in custody since 12.06.2023 in connection with Bansada P.S. Case No. 204 of 2023 corresponding to C.T. S.T. Case No. 31 of 2024 pending in the Court of the learned Sessions Judge, Bhadrak for the alleged commission of offence under Sections 498-A, 302, 406 of IPC.

The prosecution case is that the petitioner being the husband of the deceased subjected to her to physical and mental torture along with his family members in connection with demand for further dowry. The dispute was also settled earlier with the intervention of family but ultimately on the date of occurrence, the deceased was found dead. According to the prosecution, she was murdered by the husband and in-laws and her body was

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found in the bathroom by means of a plastic rope.

Mr. Chand, learned counsel for the petitioner, referring to the copies of the depositions of as many as 12 witnesses submits that none of the witnesses has even remotely implicated the petitioner in the alleged occurrence. In fact most of them have turned hostile. He further submits that the informant though not examined during trial has also not implicated the petitioner.

Learned State counsel has opposed the prayer for bail by submitting that the post-mortem report, inquest report and the statement of the informant clearly shows that the petitioner had role to play in the death of the deceased.

Having considered the rival submissions and on going through the depositions of the witnesses filed by the learned counsel for the petitioner, this Court finds that firstly, the witnesses examined so far have not implicated the petitioner even remotely. That apart, though the post-mortem report and the inquest report are available in the case diary yet, in the absence of any positive evidence, they cannot form the basis of implication of the petitioner. As regards the statement of the complainant available in the case dairy, this Court finds that he has made allegations in general terms. The materials on record do not establish any link between the petitioner and death of the deceased.

Taking into consideration the above facts as also the period of detention in custody, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose including the condition that he shall

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personally appear before the trial Court on each date of posting of the case without fail.