High CourtsSingle Bench

Chandrakanta Jena vs State Of Odisha

Orissa High Court · Decided on 1 May 2024 · Citation: (2024) 05 OHC CK 0009

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 302, 304, 306, 498A · Indian Penal Code, 1860 — Section 4
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 13858 Of 2023
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Judgment

11 paragraphs · 292 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 12.11.2023 in connection with Chandpur P.S. Case No.205 of 2023 corresponding to G.R. Case No.498 of 2023 pending in the Court of learned J.M.F.C., Ranpur for the alleged commission of offence under Sections 498-A/302/304/34 of IPC and Section 4 of D.P. Act.

4.

It is alleged that the petitioner being the husband of the deceased subjected her to cruelty and also killed her. After completion of investigation however, charge sheet was submitted under Section 306 of IPC and other allied offences, since it was found that the deceased had committed suicide.

5.

Learned counsel for the petitioner submits that the deceased had committed suicide by bolting the door of her room from inside and the petitioner husband was not present at the relevant time at home

6.

Learned State Counsel submits that there is evidence that the petitioner and his wife had frequent quarrels for which the deceased committed suicide being depressed.

7.

Considering the rival submissions and the materials on record and taking particular note of the fact that the deceased had committed suicide in her own room after bolting the door from inside, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.

8.

BLAPL is accordingly disposed of.

9.

Issue urgent certified copy as per rules.

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