Prasanta Kumar Sahoo v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 14215 of 2021 ....
Petitioners
1. Kanchanbala Sahoo
2. Sashmita Sahoo
3. Puspasri Sahoo
4. Rupashree Sahu Mr. Devashis Panda, Advocate -versusState of Odisha ....
Opp. Party Mr. A. Das, Addl. Government Advocate ABLAPL No. 14243 of 2021
1. Prasanta Kumar Sahoo
2. Achyatananda Sahoo
3. Bijay Sahoo ....
Petitioners Mr. Devashis Panda, Advocate -versusState of Odisha ....
Opp. Party Mr. A. Das, Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
30.03.2022 03.
These matters are taken up through Hybrid Arrangement (Video Conferencing/Physical Mode). Since all the anticipatory bail applications arise out of one case i.e. C.T. Case No.2235 of 2021 arising out of Kuakhia P.S. Case No.359 of 2021
// 2 // pending in the Court of learned S.D.J.M., Jajpur, with the consent of the learned counsel for the respective parties, those are heard analogously and disposed of by this common order.
Heard Mr. Devashis Panda, learned counsel appearing for the petitioners and Mr. Arupananda Das, learned Additional Government Advocate for the State in both the anticipatory bail applications. This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Kuakhia P.S. Case No.359 of 2021 corresponding to C.T. Case No.2235 of 2021 pending in the Court of learned S.D.J.M., Jajpur for alleged commission of offences under sections 498-A, 304-B, 302/34 of the Indian Penal Code read with section 4 of the D.P. Act.
Mr. Devashis Panda, learned counsel for the petitioners submitted that on the first information report submitted by one Rasananda Sahu, the father of the deceased Itishree Sahoo, the case was instituted on 22.10.2021 under sections 498-A, 304B, 302/34 of the Indian Penal Code and section 4 of the D.P. Act. During the course of investigation, the husband and father-in-law of the deceased were taken into custody and on completion of investigation, charge sheet has been submitted under sections 498-A, 304-B, 34 of the Indian Penal
// 3 // Code read with section 4 of the D.P. Act and the petitioners are the in-laws and the allegation against them are omnibus in nature and the materials available on record indicates that the deceased bolted the door of a room from inside and committed self-immolation and she was rescued and shifted by the in-laws family members to the hospital and while undergoing treatment, she died and the post mortem report indicates that it is a case of burn injuries. It is submitted that in view of the available materials on record, the anticipatory bail application of the petitioners may be favourably considered.
Learned counsel for the State, on the other hand, produced the case diary and placed the statement of Rasananda Sahoo about the demand of dowry as well as physical and mental torture to the deceased by the in-laws family members.
Considering the submissions made by learned counsel for the respective parties and the nature and gravity of the accusation, while not inclining to release the petitioners on anticipatory bail, it is ordered that in the event the petitioners surrender and move for bail before the learned Court below within a period of four weeks from today, the same shall be disposed of as expeditiously as possible by the Courts below and proviso to section 437(1) Cr.P.C. for the petitioners in ABLAPL No.14215 of 2021 shall be taken into account at the time of
// 4 // adjudication of the bail application. The case records shall be made available to the Court concerned. Accordingly, both the ABLAPL stands disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge P