Brundabana Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8074 of 2022 Brundabana Sahu ....

Petitioner Mr. J.K. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

07.09.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is an accused in C.T. Case No.52 of 2022 pending in the file of learned District and Sessions Judge, Boudh arising out of Puruna Katak P.S. Case No.33 of 2022, under Sections 498-A/304-B of IPC read with Section 4 of the D.P. Act and is in custody since 07.03.2022.

4.

Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned District & Sessions Judge, Boudh by order dated 05.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that though the FIR was filed inter alia under Section 302 of IPC after investigation charge sheet has been filed on 03.07.2022 under sections 498A/304-B and 4 D.P. Act and it is submitted referring to the post-

mortem report that the cause of death is due to cardiac disease and learned counsel for the State on verification of the same states that it has been specifically noted that there are no external injuries. 6.

Taking into account that the petitioner is in custody since 07.03.2022 and has a girl child of three years, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

7.

Accordingly, the BLAPL stands disposed of.

8.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi