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Orissa High CourtBLAPL/2962/2022disposed off

Sudhansu Sekhar Palai v. State Of Odisha

2022-05-17Mr. Justice Sashikanta Mishra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2962 of 2022 Sudhansu Sekhar Palai ....

Petitioner Mr. J. Sahoo Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

17.5.2022.

02.

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 30th March, 2022 in connection with Chatrapur P.S.

Case No.380/2020 corresponding to G.R. Case No.7294/2020 pending in the court of learned S.D.J.M., Chatrapur for the alleged commission of the offence under Sections 498-A/306/304-B/34 of I.P.C. read with section 4 of the D.P.Act.

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4. The Petitioner is the brother-in-law of the deceased, who is said to have died after only 8 days of her marriage. The F.I.R. allegation is that the deceased was subjected to physical and mental cruelty by her in-laws in connection with demand for dowry. In the meantime, trial has begun wherein the informant and her brother have been examined as P.W. Nos. 1 and 2 respectively. From the copies of the depositions filed in Court today by Mr. Sahoo, learned counsel for the Petitioner, it is seen that both of them have stated a different version of the occurrence and have categorically stated that the deceased was happy in her matrimonial home.

5. Considering the above facts, the materials on record and the period of detention in custody, I am inclined to allow the prayer for bail. 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.

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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