Bijaya Kumar Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1944 of 2022 Bijay Kumar Swain and another ....

Petitioners Mr. S.S.Ray-2 Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

11.5.2022.

03.

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

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

3. The Petitioners are in custody since 6th December, 2021 in connection with Gangapur P.S.

Case No.534/2021 corresponding to G.R. Case No.1497/2021 pending in the court of learned J.M.F.C., Aska for the alleged commission of the offence under Sections 498-A/341/304-B/302/34 of I.P.C. read with section 4 of the D.P. Act.

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4. Petitioner No.1 is the father-in-law and Petitioner No.2 is the mother-in-law of the deceased. It is alleged that the deceased was subjected to cruelty by her in-laws in connection with demand for dowry. It also reveals that the bone of contention between the husband and wife was the alleged illicit relationship that the husband of the deceased had with another lady. In so far as the present Petitioners are concerned, except for an omnibus allegation that they had also subjected the deceased to cruelty, no specific overt act has been attributed to them.

5. Considering the submissions, the materials on record and the period of detention in custody, I am inclined to allow the prayer for bail. Let the Petitioners 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 they shall appear before the court below on each date of posting of the case without fail.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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