STATE OF ORISSA Vs. JAGANNATH PATEL

JUDGEMENT

(1.) The State has sought for cancellation of bail granted to the opposite parties by the learned Additional Sessions Judge, Bargarh in a case involving allegations of offences under Ss. 306/ 498-A of the Indian Penal Code, 1860 (in short 'IPC') of the Dowry Prohibition Act 1961 (in short 'the Act').

(2.) The background facts are as follows: One Harihar Naik lodged first information report alleging that his daughter Satia was married to opposite party No. 1 and because of consistent demand of dowry, both he and his daughter were perplexed and the matter came to an impasse when on 8-12-1990 he was humiliated by the opposite parties for non-payment of the part of gold he had-agreed to pay at the time of marriage. On 9-12-1990 in the night Satia took poison and though some attempts were made by opposite parties to get her treated by a doctor, and though hospitalisation was made in Burla Medical College Hospital, she died at about 9 a.m. on 10-12-1990.

(3.) Several witnesses were examined by the Investigating Officer during investigation. The accused persons were arrested and forwarded to custody. After due production before the learned Sub-Divisional Judicial Magistrate (in short 'SDJM') bail applications were moved by the opposite parties before him which were rejected on the ground that the alleged offences were exclusively triable by Court of Session. Thereafter the opposite parties moved for bail before the learned Additional Sessions Judge, who on consideration of materials placed before him granted bail. He referred to statements recorded by the Police during investigation and held that all possible efforts were taken by the opposite parties to save the life of Satia, and prima facie the allegations of physical and mental torture occasioning death had not been brought out, and therefore accused persons were entitled to bail.