Kalakant Behera vs State Of Odisha

Savitri Ratho, J

Heard Mr. S.K. Joshi, learned counsel for the petitioner and Mr. S.S. Pradhan, learned Addl. Government Advocate for the State.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Khaparakhol P.S. Case No. 133 of 2023 corresponding to G.R. Case No. 152 of 2023 pending in the Court of the learned S.DJ.M., Patnagarh registered for commission of offence punishable under Sections 498-A, 294, 324, 323, 506, 307, 34 of IPC and Section 4 of D.P. Act against the petitioner, his father Giridhari Behera, brother Dinamani Behera and sister-in-law Srita Behera.

The prayer for bail of the petitioner has been rejected vide order dated 24.08.2023 by the learned Addl. Sessions Judge, Patnagarh.

The prosecution allegation in brief is that the petitioner had married the informant Sangeeta Behera on 11.12.2020. Her parents gifted her some articles as per their capacity at the time of marriage and after one month of marriage, being dissatisfied with those articles, the petitioner and other co-accused persons tortured her mentally and physically and demanded a 2 bhari of gold and cash of Rs. 2 lakhs as more dowry. When she expressed her inability, they drove out her from the house. Thereafter, her father-in-law called a caste meeting. She reported the matter at Jagdalpur Police Station. The accused persons appeared at Jagdalpur Police Station and after amicable settlement they brought her to their house. On 29.07.2023 at about 9.30 p.m., the petitioner and other accused persons abused her in obscene language and tortured her and threatened to kill her. On the next day i.e. 30.07.2023, the present petitioner assaulted the informant by means of a knife in order to kill her. As a result she has sustained incised injuries on her thigh, back of the neck, arm and cheek.

Mr. S.K. Joshi, learned counsel for the petitioner submits that the marriage of the petitioner and the informant -victim had taken place in the year 2020 and the victim is a stubborn lady and they do not have any children. She was always insisting that the petitioner stay with her in her father’s house for which there was some dispute between them. He further submits that the informant has sustained simple injuries and as the petitioner is in custody since 15.08.2023 and charge sheet has been filed on 21.11.2023 and other co-accused persons have been released on bail by this police under Section 41-A of the Cr.P.C., he should be released on bail.

Mr. S.S. Pradhan, learned Addl. Government Advocate for the State opposes the prayer for bail.

Considering the nature of allegations against the petitioner, the relationship between him and his wife and the manner of assault on her the injury sustained by the informant, I am not inclined to release him on bail. The BLAPL is dismissed.

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

……………………………………