Baya @ Pradyumna Thatoi vs State of Odisha

S.K. Panigrahi, J

This matter is taken up through hybrid mode.

Heard Mr. Deepak Kumar Sahoo, learned Advocate appearing for the Petitioner and Mr. M.K. Mohanty, learned Additional Standing Counsel for the State.

The Petitioner is an accused in S.T. Case No.84 of 2021 arising out of Nikirai P.S. Case No.145 of 2020, pending in the court of the learned Sessions Judge, Kendrapara for the alleged commission of offences under Sections 498A/ 304B/ 306/ 406/ 34 of the I.P.C.

The brief facts of the case is that the daughter of the informant got married to the Petitioner six years back and at the time of marriage, her daughter had been gifted with some house hold articles along with cash and gold ornaments. But the family members of the Petitioner demanded more dowry and started torture both physically and mentally. On 14.1.2020, the informant got information that her daughter had died.

Learned counsel for the Petitioner submits that though they have familiar dispute due to some issues like it happens in other family, but due to her mental disturbing state of mind, the daughter of the informant has taken a drastic step and consumed poison. He further submits that the petitioner is in custody since 16.11.2021. Charge sheet has been submitted. Hence, he submits that the Petitioner may be released on bail.

Learned counsel for the State opposes the prayer for bail of the Petitioner.

It is apparent that the marriage between the Petitioner and the daughter of the informant was solemnized six years ago. Because of some family disputes, the daughter of the informant consumed poison. Allegation against the Petitioner is that he was torturing the daughter of the informant physically and mentally. In the present case, because of the alleged demand of dowry and torture, the victim committed suicide by consuming poison and the viscera report also indicates that the death occurred due to consumption of poison.

Considering the facts and submissions made and on going through the materials available on record, further keeping in view the surrounding circumstances including the long detention of the Petitioner in custody and as the charge-sheet has been submitted in the meantime, custodial interrogation of the Petitioner is no more required, it is directed that the Petitioner be released on bail in the aforesaid case by the court in seisin over the matter on such terms and conditions as deemed just and proper subject to the conditions that:

i. the Petitioner shall appear before the learned trial court on each date of posting of the case;

ii. he shall not indulge in similar activities in future; and

iii. he shall not tamper the evidence of the prosecution witnesses in any manner.

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

Accordingly, the BLAPL is disposed of.

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

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