CourtKutchehry.com
High CourtsSingle Bench(2023) 09 OHC CK 0066

Pradosh Kumar Swain vs State Of Odisha

Orissa High Court · Decided on 11 September 2023

HON’BLE JUDGES
G. Satapathy, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1137 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 348 words

G. Satapathy, J

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No.1562 of 2022 arising out of Markat Nagar P.S. Case No.225 of 2022 pending in the Court of learned J.M.F.C.-I (Cog.), Cuttack, for commission of offences punishable under Sections 498(A)/294/304(B)/34 of the IPC r/w Section 4 of D.P. Act, on the main allegation of committing dowry death of his wife by subjecting her to torture and cruelty for demand of dowry prior to her death.

3.

In the course of hearing of the bail application, Mr. S.K. Padhi, learned counsel for the petitioner submits that the deceased had committed suicide by taking injection and the petitioner being a Central Govt. Servant had no role in the death of the deceased nor was he involved for demanding dowry or inflicting torture to the deceased.

4.

On the other hand, Mr. S.R. Roul, learned ASC by placing the postmortem report submits that a number of injuries were found on the dead body of the deceased by the autopsy conducting doctor, which by itself was sufficient to infer subjecting of the deceased to torture and cruelty by the petitioner and the same was also discernible from the statement of the neighbours of the petitioner. Accordingly, Mr. S.R. Roul, prays to reject the bail application of the petitioner. Further, Mr. P.K. Deo, learned counsel for the informant by filing a photo copy of certificate issued by the Manager H.R., Siksha 8O9 Anusandhan (SUM Hospital) submits that the deceased was not having any psychiatric problem and she was subjected to torture and cruelty by the petitioner who being the husband was primarily responsible for dowry death of his wife.

At this stage Mr. S.K. Padhi, learned counsel for the petitioner seeks leave to withdraw the present bail application.

5.

In view of the aforesaid rival submissions and taking into account the prayer made by learned counsel for the petitioner, the present bail application stands disposed of as withdrawn.

………………………………..