Ananta Narayan Das@ Kalu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 634 of 2022 Ananta Narayan Das @ Kalu ....

Petitioner Mr. B.K. Ragada, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

24.09.2022 Order No.

07.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 22.08.2021 in connection with Tirtol P.S. Case No.348 of 2021 corresponding to G.R. Case No.334 of 2021 pending in the file of learned Civil Judge-cum-JMFC, Tirtol for the alleged commission of offence under Sections 498-A/302/304-B/406 of IPC. 4.

The petitioner is the husband of the deceased. There are allegations relating to demand for dowry and of subjecting the victim to cruelty in connection therewith. There is no dispute that the deceased died by hanging herself with a rope. The doctor being examined as P.W.-3 in the ongoing trial, has also opined that the ligature mark found on the neck of the deceased is possible due to suicidal hanging. There are other materials on record to show that because of domestic quarrel between the petitioner and the deceased, she used to threaten of committing suicide on several occasions. The allegations of cruelty relating to demand for dowry are more or less omnibus in nature.

5.

Taking into consideration the above fact, as also the period of detention of the petitioner 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 personally appear before the trial Court on each date of posting of the case without fail. 6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana