The High Court
Case Details
Order No. 06. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6750 of 2024 1) Pravakar Senapati 2) Janaki Senapati 3) Nirupama Senapati ..... Petitioners Represented By Adv. - Sougat Dash State Of Odisha -versus- ..... Opposite Parties Represented By Adv. – S.K.Parhi, A.S.C. Bibekananda Mohapatra, Adv. for Informant
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 10.01.2025 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State as well as learned counsel for the Informant. Perused the records. 3. This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 498-A, 304-B, 34, 306, 406 of I.P.C. read with Section 4 of D.P. Act in G.R. Case No.260 of 2024 of the Court of learned J.M.F.C.-II, Bhadrak arising out of Bhandaripokhari P.S. Case No.268 of 2024. 4. That the prosecution case in short is that On 21.06.2024 at Page 1 of 5. 10:20 P.M one Radhakanta Sahoo presented written report before the Bhandaripokhari P.S. alleging therein that on 06.06.2021 his sister Bandita Senapati has married to Biranchi Senapati, S/o- Pravakar Senapati, Vill- Balipokhari, PS- Bhandaripokhari, Dist- Bhadrak. After marriage she spent her conjugal life peacefully for three to four months. After that her husband, father-in-law-Pravakar Senapati, Mother-in-law-Janaki Senapati, Sister-in-law-Nirupama Senapati, altogether forced her to bring more 5 lakhs additional dowry. Due to non-payment of such amount, the above named accused persons began torturing the deceased both physically and mentally. On 21.06.2024 at about 4.30 PM her father-in-law informed the deceased’s mother that her daughter had committed suicide by hanging and that they had shifted her to D.H.H., Jajpur. When they came, they noticed his sister D.H.H., Jajpur. Later on, the family of the deceased arrived at the hospital and upon noticing the dead body of the deceased, allegations have been made against the present accused persons alleging commission of present offences. 5. It is stated by learned counsel for the petitioners that as per the F.I.R. allegation, the deceased was subjected to torture and mental harassment in her matrimonial house by her in-laws. He further contended that it has been alleged that on the date of occurrence, some of the neighbours were gathered at the house of the Petitioners since a roof was being put on the new house. The family of the Petitioners had prepared a feast for such neighbours. It is alleged that the deceased had taken away some fish which was prepared for the neighbours and had kept it separately in the kitchen. As a result of which, a quarrel occurred between the deceased and her husband, who later slapped the deceased. Thereafter, a quarrel ensued within Page 2 of 5. the house. Learned counsel for the Petitioners, further referring to the evidence of some of the witnesses, submitted that after the occurrence, the deceased locked herself inside the room and committed suicide by hanging herself. 6. In course of his argument, learned counsel for the Petitioners not only referred to the evidence of the witnesses but also referred to the post mortem report. Referring to the post mortem report, learned counsel for the Petitioners submitted that the cause of death as has been shown in the post mortem report is “venous congestion” and “asphyxia” which is ante-mortem in nature. He further submitted that the Medical Officer, who conducted the post mortem, has also opined that the hanging is suicidal in nature unless proved otherwise. At this juncture, learned counsel for the Petitioners submitted that there are no other materials coming forth so as to suggest any foul play on behalf of the Petitioners. In the aforesaid factual backdrop and in view of the materials on record, learned counsel for the petitioners emphatically argued that it is evident that the death of the deceased is suicidal in nature, and that the victim has committed suicide by hanging herself after the quarrel and being slapped by her husband. He further submitted that the husband of deceased has already been taken into custody. He further submitted that in the meantime the investigation has been concluded and final charge sheet has been filed. On such ground, learned counsel for the Petitioners submitted that the Petitioners be released on pre-arrest bail on any stringent terms and conditions. 7. Learned counsel for the State on the other hand objected to the release of the Petitioners on pre-arrest bail on the ground of gravity and seriousness of the allegation. Further, referring to the case diary Page 3 of 5. as well as the statement of some of the witnesses, learned counsel for the State submitted that there is ample material to establish the fact that the victim was subjected to extensive mental harassment and torture by her in-laws-family members. He further expresses his apprehension that in the event the Petitioners are released on pre- arrest bail there is every likelihood that they might abscond. On such ground, learned counsel for the State submitted that the bail application of the Petitioners be rejected at this stage. 8. On a careful examination of the case diary as well as materials on record it is observed that there are prima facie materials to establish the fact that the death is suicidal in nature. Moreover, the medical evidence corroborates the case of the prosecution to the extent that the deceased died due to ante-mortem hanging. Further, taking into consideration the incidents of the day, as has been narrated by some of the eye-witnesses, it is well established that after the quarrel between the husband and wife, the victim entered into the room and locked herself inside the room and thereafter she has committed suicide. 9. Taking into consideration the materials on record as well as the surrounding facts and circumstances, further keeping in view the nature and gravity of the allegation and the role played by the accused- Petitioners in the alleged crime, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned court in seisin over the matter within a period of four weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper. Violation of any of the terms and conditions shall entail cancellation Page 4 of 5. of the bail. 10. The ABLAPL is disposed of accordingly. 11. Urgent certified copy of this order be granted as per rules. Anil ( A.K. Mohapatra) Judge Page 5 of 5. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 13-Jan-2025 11:51:43