High CourtsSingle Bench

Bishnupriya Pradhan vs State Of Odisha

Orissa High Court · Decided on 1 September 2023 · Citation: (2023) 09 OHC CK 0006

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 304B, 306, 323, 406, 498(A) · Dowry Prohibition Act, 1961 — Section 4
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 9156 Of 2023
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Judgment

13 paragraphs · 429 words

G. Satapathy, J

1.

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

2.

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with S.T. Case No.9 of 2023 arising out of Bhanjanagar P.S. Case No.557 of 2022 pending in the Court of learned Addl. Sessions Judge, Bhanjanagar, Ganjam, being charge sheeted for commission of offences punishable under Sections 498(A)/304(B)/306/323/406/34 of the IPC r/w Section 4 of D.P. Act, on the allegation of committing dowry death and abetment of suicide of her daughter-in-law by subjecting her to torture and cruelty prior to her death for demand of dowry.

3.

Heard, Mr. B. Mohanty, learned counsel for the petitioner and Mr. R.B. Mishra, learned AGA in the matter and perused the record.

4.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the pre-trial detention of the petitioner since 23.10.2022 and her status as the mother-in-law of the deceased and taking into account the opinion of doctor as to the cause of the death of the deceased in the post mortem report and release of co-accused sister-in-law on bail in BLAPL No. 3226 of 2023, this Court admits the petitioner to bail.

5.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with and

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

6.

Accordingly, the BLAPL stands disposed of.

7.

Issue urgent certified copy of the order as per Rules.

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