Jitendra Kumar Bisoyi @ Bisoi @ Jitu vs State Of Odisha

S. K. Sahoo, J

This matter is taken up by video conferencing mode.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Buguda P.S. Case No.45 of 2021 corresponding to G.R. Case No. 45 of 2021

pending in the file of learned J.M.F.C., Buguda for alleged commission of offences under sections 498-A/304-B/306/34 of the Indian Penal Code and

section 4 of the Dowry Prohibition Act.

The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge, Bhanjanagar vide order dated 19.02.2021.

Learned counsel for the petitioner submitted that the petitioner is the husband of the deceased Priyanka Palai and he is in judicial custody since

04.02.2021 and he has been charge sheeted under sections 498-A/304-B/306/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

The marriage between the petitioner and the deceased was solemnized on 09.10.2020 and the deceased died on 01.02.2021 and the cause of death as

per the post mortem report was on account of ingestion of poison. It is submitted by the learned counsel for the petitioner that the materials available

on record indicate that the petitioner was in doing a job in Mumbai and on account of Covid-19 pandemic situation, he was not interested to take the

deceased with him to his place of work and on 01.02.2021 when a dissension arose between the two as the petitioner refused to take the deceased to

Mumbai, the deceased out of anger consumed poison and she was then shifted to the hospital by the petitioner and other family members for her

treatment but she died. It is further submitted in view of the materials available on record, the ingredients of the offences are made out and therefore,

the bail application of the petitioner may be favourbaly considered. He placed the statement of Purna Bisoi, who is a neighbour of the petitioner who

stated about the deceased consuming poison and making oral dying declaration before him about the reason for taking the poison.

Learned counsel for the State on the other hand produced the case diary and opposed the prayer for bail and placed the statement of one Ramakanta

Palei, the brother of the deceased.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the surrounding

circumstances under which the deceased died, the attempt made by the petitioner to save the life of the deceased after she consumed poison the post

mortem report findings and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent

sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may

deem just and proper.

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.