Minaketan Biswal vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

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

The petitioner is in custody since 17.10.2023 in connection with Kamakhya Nagar P.S. Case No. 470 of 2023 corresponding to G.R. Case No. 867 of 2023 pending in the Court of the learned SDJM, Kamakhya Nagar for the alleged commission of offence under Sections 498-(A)/302/34 of IPC.

The petitioner is the father-in-law of the deceased who is said to have committed suicide on being instigated by him. It is alleged that the petitioner and other members of his family subjected the deceased to physical and mental cruelty on several occasions. Her husband was residing at a different place being engaged as a security guard. The deceased was mentally depressed because of untimely death of her brother. On the date of occurrence, there was an altercation between the petitioner and the deceased over a domestic issue after which the deceased committed suicide by hanging herself by means of a rope. Learned counsel for the petitioner submits that the allegations have been exaggerated and, in any case, do not conclusively show that the petitioner had instigated the deceased to commit suicide.

Learned State counsel has opposed the prayer for bail by submitting that the petitioner was present in the house when the deceased committed suicide which shows his involvement.

Having considered the rival submissions and having perused the materials on record, this Court finds that though there is some evidence of previous quarrel between the petitioner and the deceased as also on the date of occurrence yet there is nothing on record to suggest that the petitioner has specifically instigated her to end her life. Further, the nature of altercation prior to the occurrence appears to be trivial in nature.

Taking into consideration all the above facts, the fact of the submission of charge sheet, in the meantime, and the period of detention of the petitioner in custody, I am inclined to allow the prayer for bail. Let the petitioner be released on bail in the aforesaid case on such terms and conditions as may be imposed by the Court in seisin over the matter in the aforesaid case including the condition that he shall appear before the Court below on each date of posting of the case without seeking representation.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

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