Bhanumati Sarangi v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10802 of 2021 Bhanumati Sarangi ....
Petitioner Ms.U. Padhi, Advocate -versusState of Odisha ....
Opposite Party Mr.S.K. Nayak, AGA
CORAM:
MR. JUSTICE D.DASH
ORDER
24.01.2022 01.
1.
This matter is taken up by video conferencing mode. Order No.
2.
The Petitioner being in custody in connection with Jagatsinghpur P.S. Case No.478 of 2021 corresponding to G.R. Case No.1083 of 2021 on the file of learned S.D.J.M., Jagatsinghpur running for commission of offence under section 498-A/304(B)/302/506/34 IPC read with section 4 of the D.P. Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.
3.
Learned counsel for the petitioner submits that the Petitioner being the Mother -in-Law of the deceased has been implicated in the case with the general allegation that he was demanding dowry and torturing the deceased for nonfulfillment of the same since the deceased has committed suicide within seven years of marriage. He further submits that the prosecution case that the Petitioner had killed the deceased
// 2 // stands negated from the postmortem report. He also submits that the allegations against the Petitioner with regard to demand and torture upon the deceased are all false and omnibus, without citing any particular instance, assigning any specific role to this Petitioner therein. With all these above, as there remains no scope on the part of Petitioner to flee from justice and tamper the evidence, as according to him, further detention of the Petitioner in custody till conclusion of the trial would serve no useful purpose. He therefore, urges for grant of bail to the Petitioner.
4.
Learned counsel for the State opposes the move. According to him, on the face of the allegations as to exertion of cruelty by this petitioner from the time of marriage; the death having taken place within a period of seven years of marriage that to not under normal circumstance; with the available presumption available under section 113A/ 113B of the Evidence Act, the culpability of the Petitioner in view of his relationship stands.
5.
Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner with other surrounding circumstances including the period of detention of the Petitioner in custody and on going through the order passed by the learned Addl. Sessions Judge; in the absence of any such impediment; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in
// 3 // seisin of the case with further condition that he will not threaten or terrorize the prosecution witnesses in any manner; 6.
The BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned Counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587 dated 25th March, 2020 as modified by Court's Notice No.4798 dated 15th April, 2021 and Court's Office order circulated vide Memo Nos.514 and 515 dated 7th January, 2022. (D. Dash), Judge.
Basu