PRASANTA KUMAR MALLICK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE four bail applications under Sections 439 of the Code of Criminal Procedure, 1973 (hereinafter called 'the Cr.P.C.) arise out of the same case i.e. Nuagaon P.S. Case No.18 of 2008 corresponding to G.R. Case No.192 of 2008 pending in the Court of learned S.D.J.M., Jagatsinghpur, wherein charge sheets have already been submitted against the petitioner and others under Sections 147, 148, 452, 323, 324, 325, 307, 379, 427, 364 read with 149 of the I.P.C. and under Section 9(b) of the I.E. Act. Therefore, these cases were heard together and are being disposed of by this common order.

(2.) THE prosecution case in brief is that the informant Saroj Kumar Barik and the victim lady Manasi Dash had married out of love in a temple. The informant Saroj belongs to a lower caste and therefore, father of Manasi namely Alekh Dash did not approve of their marriage. After marriage the couple stayed in the house of Saroj. It is alleged that during the intervening night of 8/9.3.2008 at about 1.30 A.M. when the informant Saroj and Manasi were sleeping in their house, Alekh Dash came with 8 to 10 miscreants in two vehicles being armed with various deadly weapons such a crowbars, bhujalis, swords, bombs and revolvers etc and forcibly entered into the house of the informant and abducted Manasi. They threw bombs to prevent the villagers from interfering and injured the mother of the informant namely Sanjukta Barik by beating her up. She received cut injuries and her left leg was fractured. They also damaged some household articles and took away some valuables. F.I.R. having been lodged by Saroj, investigation was taken up which resulted in submission of charge sheet as aforesaid.

(3.) PERUSED the records and the case diary of the cases. Also perused the records of W.P.(Crl) No.111 of 2008, W.P.(Crl) No.242 of 2008, BLAPL No.3012 of 2008 and BLAPL No.3320 of 2008.