PRAFULLA BEURA Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) IT appears that the petitioner in this case being in custody in G.R. Case No. 1505 of 2013 arising out of Olatpur P.S. Case 87 of 2013 pending in the court of learned JMFC(R), Cuttack has come to this Court for his release on bail. The offence alleged against the petitioner is punishable under Sections 498 -A/304(B)/302 of the I.P.C. read with section 4 of the D.P. Act.

(3.) LEARNED counsel for the petitioner submits that in this case no offence under section 304(B)/302, I.P.C. prima -facie is made out, inasmuch as the materials available on record it would go to show that the petitioner's marriage with the deceased was solemnized more than seven years before and there is also no material to show that the petitioner had done the deceased to death. The allegation that the petitioner had meted the deceased with cruelty before her death appears to be omnibus in nature. Investigation has been completed and charge sheet has been filed. The petitioner has no chance of abscondence or tampering the prosecution evidence, therefore he may be released on bail, submits the counsel for the petitioner.