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Pravakar Jena vs State Of Orissa

Orissa High Court · Decided on 4 July 2023 · Citation: (2023) 07 OHC CK 0041

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 294, 302, 304B, 306, 406, 498A, 506 · Dowry Prohibition Act, 1961 — Section 4
RESULT
Disposed Of
CASE NUMBER
Bail Application No.510 Of 2023
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Judgment

10 paragraphs · 361 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.23/87 of 2022 arising out of Bhandaripokhari P.S. Case No.22 of 2022 pending in the file of learned Additional Sessions Judge-cum-Spl. Track, Bhadrak, for commission of offences punishable under Section 498-A/294/302/304-B/506/34 of IPC read with Section 4 of D.P. Act, but subsequently charge-sheeted for commission of offence punishable under Section 498-A/294/304-B/506/306/406 of IPC read with Section 4 of D.P. Act, on the main allegation of committing dowry death of the deceased by subjecting her to torture and cruelty.

3.

In the course of hearing of the bail application, learned counsel for the petitioner very fairly submits that although there is an oral dying declaration of the deceased in the FIR, but it is not believable because in case of forcible administration of poison, there must be some injuries to the victim, but in this case, the Post Mortem Report does not reveal any external injury to the deceased and the petitioner having detained in custody for some time may kindly be granted bail.

4.

On the contrary, Mr. S.R. Roul, however, strongly opposes the bail application of the petitioner by drawing attention of the Court to the relevant portion of the FIR, which contains the oral dying declaration of the deceased and prays to reject the bail application of the petitioner.

5.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the status of the petitioner as husband of the deceased and on going through the relevant part of the FIR, which contains the alleged oral dying declaration of the deceased and there being some prima facie material available against the petitioner for committing the offence of dowry torture, this Court does not consider it proper to grant bail to the petitioner.

Hence, the bail application of the petitioner stands rejected.

6.

Accordingly, the BLAPL stands disposed of.

7.

Issue urgent certified copy of the order as per Rules.

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