Babuli @ Janmejaya Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1541 of 2022 Babuli @ Janmejaya Majhi ....

Petitioner Mr. Sujay Shanker Singhdeo, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

20.4.2022.

07.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 23rd September, 2021 in connection with Junagarh P.S.

Case No.318/2021 corresponding to C.T. Case No.311/2021 pending in the court of learned J.M.F.C., Junagarh for the alleged commission of the offence under Sections 304-B/302/34 of I.P.C.

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4. Though the case was registered initially under Section 304-B and 302 of I.P.C. but charge sheet was submitted under Section 306 of I.P.C. From the materials on record, it appears that the Petitioner and the deceased had love marriage and during the four months of their married life, there was intermittent quarrel between them due to which the deceased is said to have committed suicide.

5. Considering the submissions made, the materials on record, the period of detention in custody and taking into account the fact that there is no clear cut allegation against the Petitioner of having instigated the deceased to commit suicide , I am inclined to allow the prayer for bail.

6. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the court below on each date of posting of the case without fail.

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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