Pratyusa Kumar Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1330 of 2022 Pratyusa Kumar Mohanty ....

Petitioner Mr. A.K.Biswal Advocate -versusState of Odisha ....

Opposite Party Mr. P. Tripathy Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

30.8.2022.

Order No.

03.

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 25th October, 2021 in connection with Nilagiri P.S. Case No.284/2021 corresponding to C.T. Case No.430/2021 pending in the court of learned S.D.J.M., Nilagiri for the alleged commission of the offence under Sections 498-A/328/302/34 of I.P.C. and Section 4 of the D.P. Act.

4. The Petitioner is the husband of the deceased. It is alleged that the Petitioner and his family members subjected the

// 2 // deceased to physical and mental cruelty in connection with demand for dowry. On the date of occurrence the Petitioners and his family members are said to have forcibly administered poison to the victim as a result of which she died. It is submitted that the Petitioner has been in custody for nearly ten months, but trial is yet to begin.

5. Considering the submission as above, the bail application is disposed of by directing the court below to release the Petitioner on interim bail for a period of two months from the date of his actual release on such terms and conditions as may be fixed by the court in seisin over the matter in the aforesaid case including the condition that he shall not misuse the liberty granted to him.

6. After expiry of the aforesaid period of two months, the Petitioner shall surrender before the court in seisin over the matter, failing which appropriate warrant may be issued for his production.

7. The BLAPL is disposed of.

8. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge

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