BABULI Vs. STATE OF ORISSA

JUDGEMENT

(1.) That, the present petitioner is seeking bail under Section 439 of Cr. P.C. who has been implicated U/s. 498(A), 306/34 of IPC, 1980 based on the FIR lodged by the informant before the IIC, Tangi registered vide P.S. Case No. 295/2019, corresponding to G.R. No. 382/2019 and now the matter is pending before NGN-cum-J.M.F.C., Tangi, Khurda.

(2.) The allegations in the FIR as summarised, the complainant Mr. Shashank Mohanty, brother of the deceased, lodged a complaint on 16.10.2019 in the Police Station-Jankia, District-Khurda implicating the accused for committing the offences punishable under Sections 498-A/306/34 of I.P.C. According to the complainant, the petitioner and the deceased had tied the nuptial knot on 11.05.2000. Since the inception of marriage, the deceased was treated with disdain by her in-laws for dowry. However, the Petitioner and his parents started physically torturing her when she was not able to conceive a child. The Petitioner then got married to the co-accused (Rozalin Mahanty) which was the triggering point for the deceased to file a complaint regarding the same in the Khurda Town Police Station on 01.05.2014. After that the deceased had fled to her paternal home, only in expectation to be convinced and brought back by the Petitioner and his second wife Rozalin Mahanty to her matrimonial home. The deceased was made to take care of the children of the co-accused (Rozalin Mahanty). On the day of the incident, the co-accused (Rozalin Mahanty) and the deceased got into a quarrel on the issue of taking care of both of the children and the former berated her for the same. Later on, one day finding herself alone, the deceased poured kerosene all over her own body and lit herself on fire. She later succumbed to her injuries in the hospital. These facts are appropriately reflected in the statement recorded under Section 161 of Cr. P.C.

(3.) Mr. Sangramjit Panda, learned counsel for the petitioner strenuously contended that the Petitioner has no role in the alleged commission of offence. The cause and circumstances surrounding the death of Petitioner's first wife has been termed as suicide, however, the allegations made against him in the FIR are false and fabricated. Though the statements made under Section 161 of Cr.P.C. by some of the family members, neighbours and friends regarding the tragic end of the deceased prima facie thinly establishes the commission of the said crime but none has attributed any motive or intention of the Petitioner or his role in the suicide of the deceased. The Petitioner was arrested on 18.10.2019 and since then he is in jail. Hence, he may be granted bail.