Pravanjan Dasmohapatra Vs State Of Odisha

Savitri Ratho, J

On 08.01.2024 when the matter was listed, Mr. U.C. Jena, learned counsel for the petitioner had submitted that the investigation has been completed and charge sheet has been filed in the first week of January, 2024 dropping the offences under Section 302, 304-B of IPC and adding the offence under Sections 306 of IPC. Hence the case was adjourned to 11.01.2024 to enable the learned counsel for the petitioner to furnish a copy of the charge sheet.

When the case was listed on 11.01.2024, the prayer for adjournment has been made on behalf of Mr. U.C. Jena, learned counsel for the petitioner and the case has been listed today.

Today when the case is taken up, Mr. A.S. Paul, learned counsel for the petitioner submits that charge sheet in the case has been filed today.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Sabrang P.S. Case No. 204 of 2023 corresponding to G.R. Case No. 2144 of 2023 pending in the Court of the learned S.D.J.M., Bhadrak registered on 25.09.2023 for commission of offence punishable under Sections 498-A, 302, 304-B, 34 of IPC read with Section 4 of D.P. Act against the petitioner and others but subsequently the case is turned to the commission of offences punishable under Sections 498-A, 306, 34 of IPC read with Section 4 of D.P. Act.

The prayer for bail of the petitioner has been rejected by the learned ADJ -cum- Special Court under POCSO Act, Bhadrak vide order dated 19.10.2023.

The prosecution case in brief as per the FIR is that the marriage of Madhusmita Behera the daughter of the informant had been solemnized with the present petitioner on 13.07.2020 and the deceased was subjected to torture by her husband and in-laws who was demanding more dowry. She has given birth to a son who was aged about 2 years on the date of occurrence. On 24.09.2023 the petitioner and other in-laws of the deceased had committed her murder which the informant came to know the same day at about 3.00 p.m. He and his relatives had proceeded to the spot and found the deceased lying dead and that the saree in which she allegedly hanged herself had been opened and there was no ligature mark on her neck.

Mr. A.S. Paul, learned counsel for the petitioner submits that the petitioner has been forwarded under Sections 498-A, 306 of IPC and the co-accused persons who had filed ABLAPL No. 11372 of 2023 before this Court and had been permitted to surrender before the learned Court below and they have been released on bail by the learned District and Sessions Judge, Bhadrak. As the petitioner stands on similar footing, he may be released on bail.

Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State opposes the prayer for bail stating that the petitioner is the husband of the deceased and even if it assumed that no offence under Sections 302 and 304-B of IPC is made out against him, the allegation on record make out an offence under Section 306 of IPC against him.

Considering the nature of allegation against the petitioner and as he is the husband, I am not inclined to release him on bail at this stage.

The BLAPL is accordingly dismissed.

It is open to the petitioner to approach the learned Court below for bail afresh.

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

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