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2015 DIGILAW 90 (ORI)

Chuntia Patra @ Gouranga Patra v. State of Odisha

2015-02-10

S.K.MISHRA

body2015
ORDER 10.02.2015 I have heard learned counsel for the petitioners and learned Addl. Government Advocate on 06.02.2015. Perused the case diary, post-mortem report etc. This is an application under Section 438 Cr. P.C. filed by the petitioners. Who are accused for the offence under Sections 302, 120-B/34 of the IPC in C.T. Case No. 358/2012 of the Court of JMFC. Jaleswar, arising out of Bhograi P.S. Case No. 166/2012. Initially, on the death of the deceased, Mantu @ Dilip Behera, an U.D. Case was registered bearing Bhograi P.S. U.D. Case No. 3/2012. In course of enquiry, a written private complaint was filed by the wife of the deceased. Therefore, bhograhi P.S. Case No. 166/2012 was registered for the offence under Sections 302,120-B/34 of the IPC. After completion of the investigation, the investigating Officer has submitted charge-sheet for the aforesaid offence against Benga @ Sudarsan Jena, Gourahari Patra, Chuntia Patra @ Gournga Patra and Kalia Patra @ Sapana Patra as absconders, Chuntia Patra @ Gouranga Patra and Kalia Patra @ Sapana Patra are the two petitioners in this case. Admittedly, there is no direct evidence against commission of crime by the petitioners. However, from the statements of Rama Chandra Pal and Madan Mohan Barik, it appears that in village punch meeting the matter was discussed, where it was decided that the present petitioner no. 1, Chuntia Patra, Gourahari Patra and Benga were responsible for the death of the deceased. There is absolutely no material against Kalia Patra @ Sapana Patra. Keeping in view the aforesaid consideration, this Court is inclined to grant anticipatory bail to petitioner no. 2. Hence, the application of anticipatory bail of petitioner no. 2 is allowed. Hence, it is directed that the petitioner no. 2 Kalia Patra @Sapana Patra shall surrender before the learned JMFC. Jaleswar in the aforesaid case within 21 days and move for bail. On such event, he shall be released on bail by the learned Magistrate on such terms and conditions as deemed just and proper by him. In case, he is arrested by the police in the meantime, the accused shall be produced before the learned Magistrate within 24 hours and the learned Magistrate shall grant him bail as directed above. However, this Court is not inclined to grant anticipatory bail to petitioner no. 1 Chuntia Patra @ Gouranga Patra as there is some material against him. Therefore, his application is rejected. However, this Court is not inclined to grant anticipatory bail to petitioner no. 1 Chuntia Patra @ Gouranga Patra as there is some material against him. Therefore, his application is rejected. The BLAPL is disposed of. BLAPL disposed of.