Laxmipriya Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9946 of 2021 Laxmipriya Barik ....

Petitioner Mr. B. Tripathy, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C.Das, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

18.7.2022.

Order No.

03.

1. This matter is taken up through virtual mode.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioners are in custody in connection with Rasagovindapur P.S. Case No.66/2019 corresponding to G.R. Case No.595/2019 pending in the court of learned S.D.J.M., Baripada for the alleged commission of the offence under Sections 302/201/120-B/34 of I.P.C.

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4. It is alleged that the Petitioner, who is the wife of the deceased, had illicit relationship with another person of the village taking advantage of the absence of her husband. Though the case is based on circumstantial evidence, yet the very conduct of the Petitioner after the occurrence in falsely stating about the presence of the deceased in Balasore, prima facie, fortifies the allegation that she has committed a preplanned murder with the help of her paramour.

5. Considering the nature of accusations and the existence of materials prima facie in support thereof, I am not inclined to allow the prayer for bail, which is therefore rejected. It is open to the Petitioner to renew her prayer after examination of some material witnesses including Kedarnath Das and Jharana Das during trial.

(Sashikanta Mishra) AKB Judge