Laxmi Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8581 of 2022 Laxmi Biswal ....

Petitioner Mr. S.S. Ray-2, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

24.09.2022 Order No.

05.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is in custody since 01.09.2020 in connection with Aska P.S. Case No.431 of 2020 corresponding to G.R. Case No.782 of 2020 pending in the court of learned Addl. Sessions Judge, Aska for the alleged commission of offence under Sections 498-A/302/304-B/34 of IPC read with Section 4 of DP Act.

4.

The petitioner is the mother-in-law of the deceased. Though the allegation originally made by the informant, who is the brother of the deceased, is to the effect that she was killed by her husband and in-laws by setting her on fire after pouring kerosene on her body, yet in the ongoing trial being examined as a witness (P.W.-4), the informant has completely resiled from his earlier version and testified that there was a fire while she was cooking.

5.

Considering the above facts, it cannot prima facie, be said that the petitioner was responsible for the death of the deceased

as alleged by the prosecution. In such view of the matter, 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 she 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.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana