Gita @ Geeta Barik @ Maity v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4049 of 2022 Gita @ Geeta Barik @ Maity & Anr.

....

Petitioners Mr. S.K. Biswal, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

04.07.2022 Order No.

1.

This matter is taken up through hybrid mode.

1.

2.

Heard learned counsel for the petitioners and learned Addl. Standing Counsel for the State.

3.

This is the second journey of the petitioner to this Court seeking bail, his earlier application being rejected by this Court vide order dated 19.01.2022 passed in BLAPL No. 10069 of 2021. 4.

The petitioners are in custody since 10.06.2021 in connection with Balasore Sadar P.S. Case No.205 of 2021 corresponding to C.T. Case No.526 of 2021 pending in the Court of learned 2nd Addl. Sessions Judge, Balasore for the alleged commission of offence under Sections 498-A/302/34 of IPC.

5.

The petitioners are the sister-in-law and brother-in-law of the deceased, who is said to have been killed by administering poison by her in-laws. It is submitted that the allegations are mainly against the father-in-law of the deceased, who is said to have abused her in an intoxicated state just before the occurrence. The father-in-law has been granted bail along with mother-in-law by this Court as per order passed in BLAPL No. 10466 of 2021. Citing the above as change in circumstance, the petitioners have approached this Court seeking bail.

6.

Having regard to the submissions, materials on record, the period of detention in custody and the fact that the co-accused, who are similarly placed, have been in the meantime released on bail, I am inclined to allow the prayer for bail. Let the petitioners 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 they shall personally appear before the trial Court on each date of posting of the case without fail. 7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana