Malati Kar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.5557 OF 2020 Malati Kar ....

Petitioner Mr. C. Pattnaik, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K. Nayak, AGA.

CORAM:

MR. JUSTICE D.DASH

ORDER

17.03.2022 04.

1.

This matter is taken up by video conferencing mode. Order No.

2.

Learned counsel for the Petitioner submits that the Petitioner, who happens to be the mother-in-law of the deceased, has been unnecessarily arraigned in the case on the allegation that she was joining hands with her son in torturing the deceased, which has been stated in an omnibus manner. It is his submission that the death in the case has taken place because of intake of poison by the deceased, when no such other external injuries have been noticed to draw any other inference. In view of all these above, he urges for grant of anticipatory bail to the Petitioner.

3.

Learned counsel for the State submits that the Petitioner being the mother-in-law, on the face of the allegations as to demand and torture on account of non-fulfillment of the same when the death has taken place within a period of seven years of marriage that to not under normal circumstance the

// 2 // culpability of these Petitioner stands drawn by attraction of the presumption under section 113A/113B of the Evidence Act. 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 Khantapada P.S. Case No.146 of 2020 corresponding to C.T. Case No.383 of 2020 pending in the Court of learned S.D.J.M., Balasore within three weeks hence and moves for her release on bail, she 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 she 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