Nabina Dehury v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1502 of 2022 Nabina Dehury ....

Petitioner Mr. A. Jena, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

14.03.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

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

3.

The petitioner is in custody since 11.12.2021 in connection with Choudwar P.S. Case No.593 of 2020 corresponding to S.T. Case No.124 of 2021 pending in the Court of learned 1st Addl. Sessions Judge, Cuttack for the alleged commission of offence under Section 302 of IPC.

4.

It is alleged that while the petitioner as well as his father (deceased) were in a drunken state, a quarrel ensued between them in course of which, the petitioner is said to have dealt a blow on the head of his father by means of a wooden plank causing bleeding injury and subsequently his death.

5.

Having regard to the submissions, materials on record and the fact that the incident appears to have arisen out of a sudden quarrel without any premeditation or definite intention, 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