Page 1 of 3

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.6789 OF 2021

Pramila Swain

&.

Petitioner

Mr. K.C. Sarangi, Advocate

-versus-

State of Odisha

&.

Opposite Party

Mr. Karunakar Nayak, ASC,

Mr. R.K. Sahoo, Adv. (Informant)

CORAM:

MR. JUSTICE D.DASH

Order No.

ORDER

27.08.2021

01.

1.

This matter is taken up through hybrid arrangement

(virtual/physical) mode.

2.

The Petitioner being the mother-in-law of the deceased is in

custody in connection with Baideswar P.S. Case No.57 of 2021

corresponding to G.R. Case No.212 of 2021 on the file of learned

S.D.J.M., Banki, running for alleged commission of offence under

section 498-A/294/328/304-B/506/34 of the IPC read with Section-4

of the D.P. Act, has filed this application under Section 439 of the

Cr.P.C. for his release on bail.

3.

Learned counsel for the Petitioner submits that the daughter-

in-law of the Petitioner having committed suicide by intake of poison

within a period of seven years of marriage with the general

allegations that the Petitioner, his son and other family members

were demanding dowry and torturing her for non-fulfillment of the

same; they have been implicated in the case. He further submits that

// 2 //

Page 2 of 3

the allegations with regard to demand and torture are omnibus in

nature without citing any such particular incident and assigning

specific role to the Petitioner therein. He further submits that

although no definite opinion has been given by the doctor conducting

the autopsy and it is awaiting the report of the visera examination

report, yet he has not noticed any external injury on the body of the

deceased including in the buccal cavity, which clearly suggests that

there was no physical torture prior to the incident. He also submits

that in case of death of intake poisonous substance, there remains all

the likelihood of smell of kerosene would be emitting from the

nostril. It is further submitted that in the meantime, husband of the

deceased being arrested is in custody and the investigation of the case

has made substantial progress. In view of all these above, when there

remains no scope on the part of the Petitioner to flee from justice and

tamper the evidence; he urges for grant of bail to the Petitioner as

according to him, further detention of the Petitioner in custody till

conclusion of the trial would serve no useful purpose.

4.

Learned counsel for the State submits that since the daughter-

in-law of the Petitioner has died within a period of seven years of

marriage by taking poison and there was demand of dowry and

torture upon her, with the available presumption under section

113A/113B of the Evidence Act, the culpability of the Petitioner

stands.

5.

Taking into account the submissions made; further keeping in

view the materials on records as those stand against the Petitioner

with other surrounding circumstances including the period of

detention of the Petitioner in custody and on going through the order

passed by the learned Addl. Sessions Judge; in the absence of any

// 3 //

Page 3 of 3

such impediment; it is directed that the Petitioner be released on bail

in the aforesaid case on such terms and conditions as deemed just and

proper by the Court in seisin of the case with further condition that:-

she will not threaten or terrorize the prosecution

witnesses in any manner;

6.

The BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(D. Dash),

Judge.

Narayan