Futu @ Rasmita Rani Behera And vs State Of Odisha
2023 Latest Caselaw 3886 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 ABLAPL No.3475 of 2023

               Futu @ Rasmita Rani Behera and ....           Petitioners
               another
                                      Mr. Rama Chandra Jena, Advocate
                                      -versus-
               State of Odisha                 ....          Opp. Party
                                                          Mr. S. R. Roul, ASC

                        CORAM:
                        JUSTICE CHITTARANJAN DASH
                                              ORDER

Order No. 20.04.2023

01. 1. Heard learned counsel for the Petitioners and the State.

2. By means of this application, the Petitioners seek grant of bail U/s.438 CrPC in apprehension of arrest for their alleged involvement in the offences U/s.498-A/304/302/201/34 of IPC in connection with Jaleswar PS Case No.124 of 2019 corresponding to CT Case No.314(A) of 2019 pending in the court of learned JMFC, Jaleswar.

3. It is alleged that the in-laws tortured the deceased mentally and physically demanding more dowry for which the deceased committed suicide.

4. Learned counsel for the Petitioners submits that the Petitioners are elder brother-in-law and sister-in-law of the deceased. He further submits that the learned court below has issued summon directing the Petitioners to appear on 15.04.2023, which has since expired. According to learned counsel, the husband of the deceased // 2 //

Prasanta Kumar Behera has been acquitted vide judgment dated 24.06.2022 passed by the learned Addl. Sessions Judge,-cum- Special Judge, Balasore in S.T. No.40/2021.

5. Perused the Judgment relied upon by the learned counsel for the Petitioner. This court reserves its comment on the judgment. However, it is incorrect to say that the husband has been acquitted. The learned court in paragraph 8 found one Sudam @ Satya Narayan Chand not guilty and acquitted him from the offences U/s. 498-A,304B,302,201,406/34 IPC and Section 4 of the D.P.Act as per provision 235(1) Cr.P.C. Keeping in view the fact and circumstances, the gravity of the offence this court is not inclined to grant anticipatory bail to the Petitioner. It is directed that the Petitioners may surrender and move for bail in appropriate forum.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge

AKPradhan