Kunti Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11564 of 2022 Kunti Sahoo ....

Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....

Opp. Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

11.10.2022 02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

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

3.

This is an application under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with C.T. Case No.1073 of 2022 arising out of Mangalpur P.S. Case No.284 of 2022 pending in the Court of learned S.D.J.M., Jajpur for alleged commission of offences under Sections 498-A/306/34, I.P.C. 4.

It is submitted by learned counsel for the petitioner that the deceased has been married to the son of the present petitioner for last fifteen years. it is further submitted by learned counsel for the petitioner that mother-in-law of the deceased. 5.

Further, it is submitted by learned counsel for the petitioner that the deceased committed suicide locking the door inside the room with the help of saree. It is further submitted that as per the statement of the witnesses, they breaking open the door and rescued the victim from the roof of the house.

6.

Learned counsel for the State, on the other hand, submits that

// 2 // due to harassment and torture by the family members, the victim committed suicide. As per Post-mortem Examination report, cause of death is asphyxia due to hanging and there is no doubt the victim committed suicide.

7.

Considering the nature of allegation, background of the case, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrenders and moves an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, she shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :- I.

The petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation;

II.

she shall not tamper with the prosecution evidence in any manner whatsoever; and III. she shall not default in attendance of the court during trial on each date of posting.

Violation of any of the terms and conditions shall entail cancellation of bail.

8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu