Arakhita Bisoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4944 of 2022 Arakhita Bisoi ....

Petitioner Mr.S.S. Ray, Advocate -Versus - State of Odisha ....

Opposite Party Mr. M. Mishra, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 13.10.2022 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 17.06.2022 in connection with Sheragada PS Case No. 99 of 2021 corresponding to G.R. Case No. 145 of 2021 pending in the court of learned Addl. Sessions Judge, Aska for the alleged commission of offence under Sections 498(A)/304(B)/306/406/34 of IPC read with Section 4 of D.P. Act.

4.

The petitioner is the father-in-law of the deceased. Though the FIR allegation is that the petitioner and his son assaulted the victim causing her death, yet from the postmortem report and other materials on record, it is apparent that the deceased died due to asphyxia caused by hanging. In so far as the petitioner is concerned, the allegations are omnibus in nature and no specific

overt act has been attributed to him by any of the witness. 5.

Taking into consideration all the above facts as also the fact that charge sheet has been submitted in the meantime, 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