AHALYA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner Ahalya @ Kalyani Khuntia has filed this application under section 439 of Code of Criminal Procedure seeking for bail in connection with Khandapada P.S. Case No.258 of 2018 corresponding to G.R. Case No.466 of 2018 pending on the file of J.M.F.C., Khandapada for offences punishable under sections 498(A)/302/307/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

(2.) The criminal investigative machinery was set into motion on 31.12.2018 on the presentation of the first information report by Bimal Kumar Mallick, Inspector in Charge of Khandapada Police Station. It is the case of the prosecution as per the first information report that on 22.10.2018 the mother of the petitioner namely Sukanti Lenka lodged a report against the in- laws family members of the petitioner to have mentally and physically tortured the petitioner demanding dowry and committing murder of granddaughter Sibani Khuntia and grandson Siba Khuntia and dumping the dead bodies in a pond to conceal the murder. Khandapada P.S. Case No.216 of 2018 was registered on such report of the mother of the petitioner on 22.10.2018 under sections 498-A, 307, 302 read with section 34 of the Indian Penal Code and section 4 of Dowry Prohibition Act.

(3.) The petitioner moved an application for bail before the learned Addl. Sessions Judge, Nayagarh in Bail Application No.91 /153 of 2019 which was rejected on 15.05.2019.