Ramakanta Bhanji 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. for grant of bail to the petitioner in connection with Bargarh P.S. Case No.337 of 2020

corresponding to C.T. Case No.71 of 2020 pending in the Court of learned Sessions Judge, Bargarh for offences punishable under sections 498-

A/304-B and 306 of the Indian Penal Code read with section 4 of the D.P. Act.

The petitioner moved an application for bail before the learned Sessions Judge, Bargarh which was rejected on 05.01.2021.

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

09.2021 and he has been charge sheeted under sections 498-A, 304-B and 306 of the Indian Penal Code read with section 4 of the D.P. Act. It is

further submitted that the marriage between the petitioner and the deceased was solemnized on 6. 02.2015 and they were blessed with a daughter and

the occurrence in question took place on 24. 08.2020 and it appears from the case record that the conjugal life of the petitioner and the deceased was

running peacefully and after the first issue, though the petitioner and the in-laws of the deceased were interested for a second issue, the deceased was

showing her unwillingness due to poverty and over this issue, there was quarrel between the petitioner and the deceased and on the occurrence date,

there was a quarrel between the petitioner and the deceased over the said issue and the petitioner went to her sister’s house for celebrating

Nuakhai and when he returned back to his house, he found that the deceased was sleeping without cooking and his mother was cooking in the kitchen

room for which the petitioner abused the deceased and there was quarrel between them and after the petitioner left the house, the deceased

committed suicide by hanging herself in a wooden log in her bed room by tying a siphon Saree around her heck. He further submitted that the post

mortem report indicates that the cause of death of the deceased was asphyxia and no external injury except the ligature mark around the neck was

noticed on the person of the deceased. It is further contended that in view of the available materials on record, the background of the case and the

immediate cause for which the deceased committed suicide, it cannot be said that the ingredients of offence under sections 304-B/306 of the Indian

Penal Code are attracted and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State, on the other hand, produced the case diary and opposed the prayer for bail and placed the statements of two

neighbourers, namely, Pradeep Bhoi, Laxman Banji and Lekuru Pradhan who is the father 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 committed suicide, the post mortem report findings and further taking into account 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 the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in

the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th

March, 2020.