Chandani Mahanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5916 of 2021 Chandani Mahanta ....

Petitioner Ms.Baijayanti Mohanty, Advocate

Versus

State of Odisha ....

Opp. Party Mr. S.S.Pradhan, AGA

CORAM:

JUSTICE SAVITRI RATHO

ORDER

23.02.2022 Order No.

03.

This matter is taken up through hybrid mode.

Heard Ms. Baijayanti Mohanty, learned counsel for the petitioner and Mr. S.S.Pradhan, learned Addl. Government Advocate. This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner- Chandani Mahanta in connection with Keonjhar Sadar P.S. Case No.43 of 2021 corresponding to G.R. Case No.202 of 2021 of the Court of learned Addl. Sessions Judge-cumSpecial Judge (Vigilance), Keonjhar for commission of offences punishable under Sections 498-A/304-B/302/34 of I.P.C. read with Section 4 of the D.P. Act.

The bail application of the petitioner has been rejected on 15.07.2021 by the learned Addl. Sessions Judge-cum-Special Judge (Vigilance), Keonjhar in B.A. No.67/143 of 2021. The allegations against the petitioner is that she alongwith her husband tied up the feet of the victim and poured kerosene on her and set her on fire and thereafter left her in the room after closing it from outside. Although the victim tried to save herself by pouring hot

// 2 // 'peja' on herself she sustained excessive burns. The police rescued the victim and admitted her in hospital and she has given a dying declaration implicating the petitioner and her husband. Learned counsel for the petitioner submits that the petitioner is in custody since 19.6.2021 and her son is in custody while her husband has died. The daughter of the deceased has been left in child care and her maternal grand parents refused to take her. Therefore, release of the petitioner is necessary to look after the child. Considering the allegations against the petitioner and the manner in which the crime has been committed, I am not inclined to release the petitioner on bail at this stage. Hence, the prayer for bail is rejected.

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

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(Savitri Ratho) Judge Bichi