Orissa High Court
Bikash Raptan vs State Of Odisha on 9 February, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 4482 of 2020
Bikash Raptan ....... Petitioner
-Vrs.-
State of Odisha ....... Opp. Party
05. 09.02.2021 This matter is taken up through Video
Conferencing.
Heard learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 439 of
Cr.P.C. in connection with G.R. Case No.662 of 2020
arising out of Kendrapara Jamboo Marine P.S. Case
No.55 of 2020 pending in the Court of learned S.D.J.M.,
Kendrapara for offences punishable under sections
498-A/306 of the Indian Penal Code and section 4 of the
Dowry Prohibition Act.
The petitioner moved an application for bail
before the Court of learned Sessions Judge, Kendrapara
which was rejected on 11.06.2020.
Learned counsel for the petitioner submits that
the petitioner who is the husband of the deceased
Jamuna Mandal is in judicial custody since 22.05.2020
and he has been charge sheeted under sections 498-A/
306 of the Indian Penal Code and section 4 of the Dowry
Prohibition Act. The marriage between the petitioner and
the deceased was solemnized nine years prior to the date
of occurrence and they were blessed with two children.
The occurrence in question took place on 20.05.2020 and
the materials available on record indicate that the
deceased had been to catch fish taking the fishing net
and it was a case of drowning and false accusation has
been leveled against the petitioner to have abetted the
commission of suicide of the deceased and therefore, the
bail application may be favourably considered.
Learned counsel for the State has produced the
case diary and placed the statement of Bharati Mandal,
the mother of the deceased who stated about the
petitioner having illicit relationship with some ladies. He
further placed the statement of one Subas Barman from
which it appears that the deceased had been to catch
fish carrying the net. Learned counsel also placed the
post mortem report and the opinion relating to the cause
of death which has been stated to be asphyxia due to
drowning.
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 died, the post
mortem report findings and absence of any clinching
material that the petitioner abetted the commission of
suicide of the deceased and the period of detention 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 bail bond of Rs.50,000.00
(rupees fifty thousand) with two local solvent sureties
each for the like amount to the satisfaction of the Court
in seisin over the matter with further terms and
conditions as the learned Court may deem just and
proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on
proper application.
Sisir .............................
S.K. Sahoo, J.