Baisakhi Palei Vs State Of Odisha

Orissa High Court 12 Jan 2024 Bail Application No. 164 Of 2024 (2024) 01 OHC CK 0121
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Bail Application No. 164 Of 2024

Hon'ble Bench

Savitri Ratho, J

Advocates

Bibhu Prasad Mohanty,

Final Decision

Dismissed

Acts Referred
  • Code of Criminal Procedure, 1973 - Section 439
  • Indian Penal Code, 1860 - Section 302

Judgement Text

Translate:

Savitri Ratho, J

1. This application under Section 439 Cr.P.C. has been filed in connection with Bharatpur P.S. Case No.354 of 2023 corresponding to C.T. Case No.1106 of 2023, pending in the file of the learned J.M.F.C (Cog. -V), Bhubaneswar, Khordha under Section302 of IPC against the unknown persons.

2. The prayer for bail of the petitioner had been rejected vide order dated 01.12.2023 passed by the learned Special Judge (CBI), Court No.1-cum-Addl. Sessions Judge, Bhubaneswar when investigation was in progress.

3. The prosecution allegation in brief is that about one month back while the deceased was staying in Ganjam she has been attacked and sustained injury for which she was treated in IGKC, Hospital. She stayed there for around 08 days. Thereafter she was staying in Khandagiri in her own house alongwith her younger son and eldest daughter-in-law. On 15.08.2023 at about 8.00 p.m., the informant received information that the deceased had been killed and when she went to the house she found the deceased was lying on the bed and her throat had been cut and there was profuse bleeding. At the time of her death, her daughter-in-law, the present petitioner was present in the house. Earlier, there had been quarrel between the two.

4. Mr. B.P.Mohanty, learned counsel for the petitioner wants to withdraw this bail application in order to move the learned trial Court.

5. The BLAPL is dismissed as withdrawn.

6. Urgent certified copy of this order be granted as per rules.

………………………………..

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