Harapriya Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 926 of 2022 Harapriya Mohanty ....

Petitioner Mr. A.K. Biswal, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

04.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

06.

2.

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

3.

The petitioner is in custody since 25.10.2022 in connection with Nilagiri P.S. Case No.284 of 2021 corresponding to C.T. Case No.430 of 2021 pending in the Court of learned S.D.J.M., Nilagiri for the alleged commission of offence under Sections 498A/328/302/34 of IPC and Section 4 of D.P. Act. 4.

The petitioner is the mother-in-law of the deceased. It is alleged that after marriage of the deceased, she was subjected to physical and mental cruelty in connection with demand for dowry by her husband and in-laws and on the date of occurrence, she was forcibly administered poison as the demands were not met. As it appears except for omnibus allegation relating to cruelty there is no specific allegation as against the present petitioner. There are no eye-witnesses to the occurrence. The deceased is said to have stated the names of her husband and in-laws as having administered poison to her before her death but the same also appears to be in general terms.

5.

Taking into consideration all the above facts 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