Advocates:
['BIRAJA PRASANNA SATAPATHY', '', 'S ROY', 'M/S H MOHANTY K SATTAR MD MASIHULAH']

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8179 of 2020

Chandan Kumar Jena

….

Petitioner

Mr.Haripada Mohanty, Advocate

-versus-

State of Odisha

….

Opp. Party

Mr.A.K. Beura

Addl.Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

Order No.

ORDER

17.09.2021

04.

This matter is taken up through Hybrid

arrangement (video conferencing/physical Mode).

Heard the learned counsel for the petitioner

and learned counsel for the State

This is an application under section 439 of

Cr.P.C. for grant of bail to the petitioner in connection

with S.T. Case No. 300 of 2019 arising out of Patkura

P.S. Case No.146 of 2019 pending in the Court of

learned Addl. Sessions Judge, Kendrapara for alleged

commission of offences punishable under sections

498-A, 302, 304-B of the Indian Penal Code and

section 4 of the Dowry Prohibition Act.

The petitioner moved an application for bail

before the Court of learned Addl. Sessions Judge,

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Kendrapara, which was rejected on 14.10.2020.

Learned counsel for the petitioner submitted

that

the

petitioner

is

judicial

custody

since

10.06.2019 and he has been charge sheeted under

sections 498-A, 302, 304-B of the Indian Penal Code

and section 4 of the Dowry Prohibition Act. It is

further submitted that the marriage between the

petitioner and the deceased Banita @ Kanakalata

Jena was solemnized on 12.05.2015 and after the

marriage, the deceased was always insisting the

petitioner to live in a separate mess and they were

blessed with a son and she was not allowed her son

to meet with her parents-in-law and therefore, there

used to be regular quarrel between the couple and on

the date of occurrence, i.e. on 08.06.2019 night a

quarrel ensued between the husband and the wife

and it is stated that on account of grave and sudden

provocation, the petitioner dealt a ‘tangia’ blow on

the head of the deceased, which resulted in his death

and thereafter, he produced the ‘tangia’ on the next

day before the police at the Police Station. Learned

counsel further submitted that the surrounding

circumstances under which the crime has been

committed, the bail application of the petitioner may

be favourably considered.

Learned counsel for the State submitted that

the dead body was lying in the house of the

petitioner and the post mortem examination report of

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Page 3 of 3

the deceased indicates that the death of the

deceased was homicidal in nature and cut injury was

found on the scalp of the deceased.

Considering the submissions made by the

learned counsel for the respective parties, the nature

and gravity of accusation and the surrounding

circumstances under which the crime has been

committed,

while

not inclining

to

release the

petitioner on bail, I direct the learned trial Court to

expedite the trial and conclude the same within a

period of six months from the date of receipt of a

copy of this order, if there is no other impediment.

The petitioner is at liberty to renew his prayer for

bail, if the trial is not concluded within the said

period.

BLAPL is accordingly disposed of.

The order be communicated to the Court

concerned forthwith.

PKSahoo

( S.K. Sahoo)

Judge