Orissa High Court
Jatia @ Ratikanta Patra vs State Of Odisha .... Opposite Party on 16 August, 2021
Author: D.Dash
Bench: D.Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6115 of 2021
Jatia @ Ratikanta Patra .... Petitioner
Mr. Amulya Ratna Panda, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. T.K. Praharaj, SC
CORAM:
MR. JUSTICE D.DASH
ORDER
16.08.2021 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. The Petitioner being in custody in connection with Balasore Sadar P.S. Case No.17 of 2021 corresponding to C.T. Case No.58 of 2021 on the file of learned J.M.F.C.(R), Balasore running for commission of offence under sections 498-A/304-B/302/34 IPC read with section 4 of D.P. Act and section 9/10 of Prohibition of Child Marriage Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.
3. Learned counsel for the petitioner submits that after few months of marriage as the deceased died by hanging herself, the petitioner being the husband of the deceased has been implicated in the case with the general allegation that he with Page 1 of 3 // 2 // others were demanding dowry and torturing the deceased for non-fulfillment of the same. He submits that the post mortem report of the deceased reveals that the cause of her death is "Asphyxia due to ante-mortem hanging." He also submits that the allegations against the petitioner with regard to demand and torture upon his wife for non-fulfillment of the same are all false and omnibus, without citation of any particular instance assigning specific role to this petitioner therein. He contends that in the facts and circumstances, when there remains no scope on the part of the petitioner to flee from justice and tamper the evidence, his further detention in custody till conclusion of the trial would serve no useful purpose. He, therefore, urges for grant of bail to the petitioner.
4. Learned counsel for the State opposes the move. According to him, on the face of the allegations as to exertion of cruelty by this petitioner from the time of marriage, the death having taken place after few months of marriage and not under normal circumstances; presumption available under section 113-A/113-B of the Evidence Act stands drawn as to the culpability of this petitioner.
5. Taking into account the submissions made; further keeping in view the materials on record as those stand against the petitioner with other surrounding circumstances including the period of detention of the petitioner in custody and on going through the order passed by the learned Sessions Judge; in the absence of any such impediment; it is directed that the petitioner be released on bail in the aforesaid case with such Page 2 of 3 // 3 // terms and conditions as deemed just and proper by the court in seisin of the case.
6. The BLAPL is accordingly disposed.
Issue urgent certified copy as per rules.
(D.Dash) Judge Aks Page 3 of 3