05. 11.02.2021

This matter is taken up through video

conferencing.

Heard, learned counsel for the petitioner and

learned counsel for the State.

The petitioner is in custody in connection

with Puruna Bazar PS Case No.134 of 2020

corresponding to GR Case No.1413 of 2020,

pending in the court of the learned SDJM, Bhadrak

registered for the alleged commission of offence

under Sections 341, 307/34 of the IPC, has filed

this application under Section 439 of CrPC for her

release on bail.

The allegation of the prosecution is that the

victim and the petitioner got married two years ago

as per their caste, custom and rites. After one year

they blessed with a son. It was further alleged that

right from the beginning, petitioner was insisting

her husband to be separated from his family

members and to reside in a rented house or in the

house of her parents at Dhamnagar. But her

husband did not agree and it led to a lot of

confrontation between the couple. In the night of

30.07.2020, there was a serious quarrel between

the present petitioner and her husband. The

petitioner threatened to kill her husband. On

31.07.2020, in the morning, while the present

petitioner along with her minor son were about to

leave the house of her husband, her husband

BLAPL No.6388 of 2020

2

requested her not to leave his house for the sake of

the prestige of his family. Despite her husband’s

beseeched to the petitioner, she did not change her

mind and with a view to deter her from doing that,

husband poured kerosene on his body and

threatened to lit fire by using match stick. On

seeing this, petitioner snatched away the match box

from the hands of her husband and set his

husband on fire by lightening the match stick

causing burn injury on his body. After that,

petitioner fled away from the house of the husband.

Learned counsel for the petitioner submitted

that this is a very peculiar case wherein the

husband had poured kerosene on himself when the

petitioner was about to leave her husband’s house

and heading for her maternal home. During that

tussle, the match stick got fired and in that

process, the victim-husband received burn injury

and hospitalized thereafter. He spent some time in

hospital and now his condition is quite normal. The

petitioner is a lady and she has been in custody

since 07.08.2020. She has a one year old son and

he needs to be looked after by her.

Learned counsel for the State vehemently

opposed the bail prayer of the petitioner.

Considering the submissions made, facts and

circumstances of the case, it is directed that

the petitioner be released on bail with some

3

stringent terms and conditions as deemed just and

proper by the learned SDJM, Bhadrak in the

aforesaid case with further conditions that:-

i)

The petitioner shall appear before the

learned trial court on each date of

posting;

ii)

she

shall

not

indulge

in

similar

activities in future and

iii)

she shall not tamper the evidence of

the

prosecution

witnesses

in

any

manner.

Violation of any of the conditions shall entail

cancellation of the bail.

The BLAPL is accordingly disposed of.

The petitioner may utilize the soft copy of this

order available in the High Court’s website or

printout thereof at par with certified copies in the

manner prescribed, vide Court’s Notice No. 4587

dated 25.03.2020.

……..………….……..

S. K. Panigrahi, J.

AKP