Sabda Bihari Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.3291 OF 2020 Sabda Bihari Sahu ....

Petitioner Mr. P.K. Routray, Advocate -versusState of Odisha ....

Opposite Party Mr.G.N. Rout, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

03.03.2022 Order No.

03.

1.

This matter is taken up by video conferencing mode. 2.

Learned counsel for the Petitioner submits that the Petitioner being the father-in-law of the deceased, has been arraigned in the case on the general allegation that he was joining hands with his son in torturing and ill-treating the deceased. He further submits that the death in the case has taken place due to intake of poison by the deceased keeping herself confined in the bathroom being locked from inside. He further submits that the allegations as to demand of dowry and torture as against the Petitioner are false and omnibus in nature without citing any particular incident assigning specific role to this Petitioner therein. He submits that investigation of the case being complete; chargesheet has been submitted. It is further submitted that the son of the Petitioner being arrested has in the meantime been released on bail and at this stage further arrest and likely detention of this Petitioner would serve no useful purpose, when there is no allegation as to misuse of the liberty granted to the Petitioner vide order dated 05.05.2020.

// 2 // 3.

Learned Counsel for the State opposes the move in view of the role alleged to have been played by the Petitioner in illtreating and torturing the deceased, who committed suicide. 4.

Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding circumstances of the case as also concerning the Petitioner and in the absence of any other impediment, it is directed that in the event the Petitioner surrenders before the court in seisin of the case in Sohela P.S. Case No.10 of 2020 corresponding to G.R. Case No.28 of 2020 pending in the Court of learned J.M.F.C., Sohela within three weeks hence and moves for his release on bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the said Court with further condition that he will not threaten or terrorize the prosecution witnesses in any manner.

5.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan