Abhiram @ Abhimanyu Kishan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3874 of 2022 Abhiram@Abhimanyu Kishan ....

Petitioner Mr. J. Dash, Advocate -Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 22.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

2.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is in custody since 06.08.2021 in connection with Bonail P.S. Case No. 83 of 2021 corresponding to G.R. Case No. 461 of 2021 pending in the court of learned S.D.J.M., Bonai for the alleged commission of offence under Sections 498-A/304B/302/34 of IPC. 4.

The petitioner is the husband of the deceased, who is said to have committed suicide by consuming poison. It is submitted that the offence under Section 304-B IPC is not made out inasmuch as there is no allegation of any cruelty relating to demand for dowry. The dispute between husband and wife apparently arose because the petitioner decided to sell their land in order to buy a motorcycle. There is however, no other allegation which could

suggest, even remotely any act of instigation by the petitioner. 5.

Taking into consideration all the above facts, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that the petitioner shall personally appear before the trial court on each date of posting of the case without fail.

6.

The BLAPL is accordingly disposed of.

7.

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

(Sashikanta Mishra) Judge BC Tudu