Sradhanjali Behera vs State Of Odisha

Savitri Ratho, J

Heard Mr. S.K. Dwibedi, learned counsel for the petitioner and Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State.

This application under Section 439 Cr.P.C. has been filed in connection with Larambha P.S. Case No. 236 of 2023 corresponding to G.R. Case No. 1198 of 2023, pending in the Court of learned S.D.J.M., Patnagarh registered for commission of offences punishable under Sections 341, 294, 323, 302, 506, 120-B of IPC.

The prayer for bail of the petitioner has been rejected vide order dated 02.01.2024 by the learned Addl. Sessions Judge, Patnagarh.

The prosecution allegation in brief is that on 13.11.2023 at about 8.00 p.m., when the informant Surabhi Bag and her husband Tikelal Bag were in their house, the accused persons came in front of her house and abused in obscene languages. When her husband protested, all the accused persons assaulted her husband Kuna Behera and his son Om Behera assaulted her husband mercilessly by means of a wooden stick on his back and stomach, they also assaulted her and also threatened to kill them, Tikelal Bag has sustained serious injury and he was shifted to Ghasian CHC for medical treatment and died during treatment next day.

Mr. S.K. Dwibedi, learned counsel for the petitioner submits that the petitioner is a woman and is in custody since 16.11.2023 and the investigation in the case is virtually over and perusal of the statement of the injured would reveal that there is no allegation that the petitioner has assaulted the deceased and the co-accused persons have assaulted the deceased on non-vital parts of the body i.e. stomach and on his back.

Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that all the three accused persons have participated in the assault as a result of which the deceased sustained injuries which resulted in the death and since the petitioner has given recovery of the weapon of offence i.e. the bamboo stick, she should not be released on bail.

Considering the allegations contained against the petitioner in the statement of the injured Surabhi Bag who has specifically stated that the deceased was assaulted by Kuna Behera and Om Behera with a bamboo stick and as the petitioner is a woman and is in custody since 16.11.203, I am inclined to allow the prayer for bail.

The petitioner- Sradhanjali Behera shall be released on bail on such terms and conditions as may be fixed by the learned Court in seisin over the matter.

The BLAPL is accordingly disposed of.

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

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