Manjari Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4307 of 2022 Manjri Behera ....

Petitioner Mr. B.Mohanty Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Mishra Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

15.7.2022.

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 31st March, 2021 in connection with Govindpur P.S.

Case No.67/2021 corresponding to S.T. Case No.45/2021 pending in the court of learned District and Sessions Judge, Kuchinda for the alleged commission of the offence under Sections 302/34 of I.P.C.

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4. The Petitioner is the wife of the deceased. On the date of occurrence the deceased came to the house of the Petitioner. The Petitioner retaliated in defence and in this scuffle the coaccused Ajay Kalo also joined. During such scuffle the deceased died. It is submitted that the Petitioner had acted entirely to defend herself from the assault by her husband.

5. Considering the submissions made, the materials on record, facts and circumstances leading to the occurrence and the period of detention of the Petitioner in custody, I am inclined to allow the prayer for bail.

6. 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 she shall personally appear before the court below on each date of posting of the case without fail.

7. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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